Boc Joint Planning & Zoning - Regular Meeting

Good evening and welcome to the joint planning and zoning board and board of commissioners meeting of March 31st, 2026. 6. I am Briggs Simmons, the planning and zoning chair. Prior to this meeting, announcements were posted. Notices were sent to all board members, commissioners, staff, interested parties, and applicants to participate in this meeting. I will now turn the meeting over to Dr. Ramona Jackson Jones to introduce and confirm the president of our commissioners. Madam Chair. All right. Thank you so much. Um, Chairman Simmons, first of all, board of commissioners, do we have a motion to come out of recess? Do we have a motion to come out of recess? So move. Do we have a second to come out of recess? Second.

We have a motion and second on the floor. All in favor of coming out of recess, please indicate by raising your right hand. We have a 50 unanimous vote in the motion carries. Good. Good evening. I'm Dr. Ramona Jackson, the chairwoman of the Douglas County Board of Commissioners. And I will certainly just move to my right and allow each one of our commissioners uh to introduce themselves. And I'll so I'll yield the floor to you, vice chair. Just introduce yourself. Mark Alarez, District 4 Commissioner, Vice Chair, present. Commissioner Mitchell, District 1. Commissioner Whitney Kenner Jones, District 2. Commissioner Martin Raxton, District Three. All right. All right. We have a quorum. Uh, and I yield the floor back to you.

Thank you very much, Madam Chairman. Also present, we have members of the planning and zoning board. And before I introduce the members, I'd like to welcome our new member, uh, Larry Tuni. He is taking over for district three representative. Welcome Larry. Thank you. Um tonight we have Frank Payne, our vice chair, present. Uh Brandon Penman, district one is excused tonight. Oric Corey, District 2, present. Melissa Poke, District 4, present. And Larry Tuni, District Three. And Dr. Chris Small, Douglas County School System representative, present.

Thank you very much. We do have a quorum. Allison Duncan, our planning and zoning manager. We'll now introduce the county staff and planning and zoning staff present in the meeting. Miss Duncan. All right. Thank you, Mr. Chairman. Tonight, we have with us our chief of staff, Tiffany Stewart Stanley. Uh we have our deputy director of development services, Travis McDonald. We have our director of traffic operations, Bruce Mercer. We have a representative from our county legal department, Mary Mentor. We have our zoning administrator, Austin Cronin. We have our county planner, Melody Glenn. Uh, and we have our planning and zoning board clerk, Johanna Wac. And as always, we couldn't do this without our sheriff's deputies and our communications department as well. Thank you.

Thank you very much. There is a reversionary clause that applies to each reszoning and that is the applicant, agent or property owner has 24 months to vest the zoning change after the board of commissioners grant and approval. As far as tonight's procedure goes, I will conduct the public hearings. Planning and zoning staff will introduce each application followed by a full presentation on that application. After that, the applicant or the applicant's representative and members of the public in favor of an application will be able to present their information. Each person will have two minutes to speak for a total allocated time of 15 minutes to speak on behalf of an application. Members of the public in opposition to an application will also be able to present their information. They will also have two minutes per person and allocated time of 15 minutes to present their information in opposition. After the opposition completes their input or the time has elapsed, public hearing will be officially closed. At that point, if the staff is unable to satisfy the board's questions, the board will then ask the applicant for points of clarification, and this is not a time for the applicant to reent their case. Following that, planning and zoning board will entertain a motion. Our first agenda item tonight will be the approval of the minutes of the February 16th, 2026 called meeting and the March 3rd, 2026 regular joint planning and zoning and board of commissioners meeting. Uh after reviewing the minutes, planning and zoning board members, uh do we have any comments, changes, or questions to the minutes? If none, do I have a motion for approval of the minutes? This is Frank Payne. I recommend approval to the minutes from the

February 16th, 2026 special called meeting and approval of the uh minutes for the March 3rd uh 2026 meeting or Curry. Second. I have a motion and a second. Do we have any discussion? Hearing none, I'll call for the vote. All in favor of approving the minutes of February 16th and March the 3rd, 2026, please signify by raising your hands. Thank you very much, Madam Chairman. The minutes of the February 6, 2026 call meeting and the March the 3, 2026 regular joint planning and board of commissioners meeting come to you with a motion for approval unanimously.

Thank you so much, Chairman Simmons. Board of Commissioners, you've had an opportunity to review the February 16, 2026 special call uh meeting minutes and also uh you had an opportunity to review the minutes from the March 3rd planning and zoning meeting. And uh if that time at this time, do we have a motion to approve? First of all, are there any additions, revisions, or edits that need to be made? If not, do we have a motion to approve? So moved. Second. We have a motion and a second on the floor. We have a motion and a second. Any discussion board? We have a motion and a second. All in favor, please indicate by raising your right hand. We have a five unanimous vote with no opposition. And I return the floor back to you. Yield the floor back to you, chairman.

Thank you, Madam Chairman. At this point in time, I believe Miss Duncan has a request to modify the agenda.

I do, sir. If you will bear with me, I'm trying to get my screen to present. Okay, let's try this one more time. All right, here we go. Uh, so in terms of the order of the cases tonight, I have one announcement for the benefit of the group. Um, that is the Foxfield Douglas LLC has been withdrawn. So, anybody here uh for the uh application Z2026-22 for Foxfield Douglas LLC, uh, that has been withdrawn. There is no pending zoning action on that property. The other thing that I would request uh is that we move application Z2026-25 for Meadow Hill LLC to the top of the hearing order tonight uh in order to um allow for uh folks who have come to speak in regard to that um to have their their moment to address the board of commissioners. Um so if there is no opposition to that, we would ask for a motion to move Z2026-25 to the top of the order of the cases tonight.

And thank you very much, Miss Duncan. Planning and zoning. Do I have a motion on moving Z2026-25? This is Melissa Pulk. I approve request and permission to move agenda item Z2026-25 to the beginning of the agenda. I have a motion to have a second. Curry second. Thank you very much. Do we have any discussion? Hearing none. All in favor of the motion to move Z 2026-25 to the top of the agenda, please signify by raising your hand. Thank you very much. That's unanimous. Madam Chairman, Z 20226-25 motion to move to the top of the agenda comes to you with a unanimous recommendation.

Thank you so much, Chairman Simmons, Florida Commissioners. Do we have a motion to move Z2026-25 to the top of the agenda? Madam Chair, I'd like to make a motion to accept the agenda with the modification of moving Z206-25 to the top of the agenda. Okay. Second. We have a motion and a second on the floor. Any discussion? We have a motion and a second. Please indicate by raising your right hand. We have a five unanimous vote with no opposition and the motion carries. I yield the floor back to you, Chairman Sim. Thank you, Madam Chairman. Uh, who's going to have the presentation on this? Ah,

good evening, Voids. So, our first item is E2026-25. This is a request for a reasonzoning from residential agricultural to PRD, the plan residential development for 119 lot residential subdivision. The lot is 50 acres. This is in commission district number one. The property is bisected by a creek and has a power line easement. You'll see an aerial in just a second. Property also has a second creek that meanders along. The topography generally follows the meanderings of the creeks and varies. And the property is proposed to be served by sewer and we have the water sewer authority here tonight. If you have questions about the sewer and a lift station is proposed to suit the installation of the sewer. The applicants proposing 119 lots of various sizes. You'll see the different lots in just one second. We've taken a look at the relevant code sections. Um there are three lot types that we'll see in just a second. There's a 20,000 foot lot and there are four of those. 15,000t lots and there are 72 6,000t lots and there are 43. Um there are three distinct sections. So the part at the front where the 20,000t lots are located and generally those terminate at the crossing of the creek. The segment between the creek and the power line easement is a distinct segment and the segment subsequent to the power line easement as you traverse north at the very north of the property. The applicant has made an effort to both complement the existing segments with the proposed diversity of lot sizes and make compatible those lot sizes with existing development to the east. Lots two and three of the entrance of Moroni Mill Road and prior to the crossing of the creek don't necessarily provide for the consistent estate density lots 1 acre or greater field that's common along Mill Road. These may be best incorporated as accessory dwelling units to lots one and 119 to provide for the same density with the flexibility provided under the PRD. um and allow for a better appreciable difference in the lot sizes. It's unclear the purpose of the request for PRD absent commensurate product type that would modify the merit merit the distinction of the zoning districts and the applicants derive much of their overall development standards from the unified development code staff's recommending oh sorry we've taken a look

at the zoning criteria it's currently zoned residential agricultural here's an aerial you can see the three distinct sections the power line easement traverses through the east and west this is the overall site plan it's oriented in such a way to fit But uh staff's recommending approval with conditions based upon the following findings. Number one, the use will not modify the comprehensive plan. Number two, the use will not modify the intent, purpose, or spirit of the unified development code. Number three, the use will not adversely affect the public health, safety, or welfare. Staff's recommending the following conditions. Number one, the applicant shall install perimeter fencing located interior to the site along the 50oot perimeter buffer as required under article 4, division 1, section 4.09 of the unified development code. The fencing shall be composed of decorative stone or decorative aluminum or be clad in stone or brick veneer at least 6 feet in height. The fencing and natural buffer shall be provided prior to the issuance of any certificates of occupancy for any single family detached dwellings. Number two, the perimeter buffer shown on the site plan shall provide for a minimum of 80% opacity between the site and the adjoining properties. If the buffer is disturbed, any tree units removed shall be planted back so as to provide for a minimum of 80% opacity between the site and the adjoining properties. Number three, the submitted architectural elevation shall be revised to include one window for principal rooms on all facads of the structure. If a room extends to two or more sides, a window shall be provided on each side. A focal window shall be provided on at least 25% of all units. Bay windows shall be provided on at least 10% of all units. The remainder 15% shall be arched, round, or triple hung windows. Number four, masonry shall be provided on all sides of the dwellings. Dwellings shall be constructed with the masonry water table continuing on all sides. If a dwelling exceeds a single story, two-thirds of the front gable shall be clad in masonry or dwelling shall provide for masonry facade on all ground floor facads. Number five, every single family residential lot shall be provided with landscaping around the house consisting of shrubs. Shrubs be to be provided at a rate of one shrub for

every 4t of length of house perimeter or portion thereof. Shrubs must be at least 12 in tall at the time of planting and be of a species that will normally exceed 2 ft in height at maturity. Number six, the section of the overall development standards that is titled landscaping. All other lots shall be removed. The applicant shall provide a front landscape strip for each lot at a rate of two trees per every 60 ft of road frontage for all corner lots. If the placement of a tree would conflict with the placement of a driveway, the director shall have the discretion in determination as to the rate of trees appropriate for the lots. After demonstration of a hardship has been furnished to the de development services department, shrubbery shall be provided at a rate of three shrub shrubs for every 15 ft of road frontage. Final composition and sufficiency of the landscaping shall be at the discretion of the Douglas County arborist. Number seven, street trees shall line the right of way along the non-fage portions of the site excluding the power line easement that's present on the property and be provided at a rate of no less than one overstory tree per every 50 ft 50 linear feet. Number eight, minor modifications require view review and approval by the development review committee. In the event of conflict or disagreement of interpretation, the director of development services shall have discretion to determine if the modification would require we review before the board of commissioners for modifications to the overall development standards or overall development plan. A reduction of in the number of lots below 119 should not require re-review before the board of commissioners. And that concludes my presentation. I'd be happy to answer any questions. Hey,

thank you very much, Mr. Cronin. At this point in time, I'll open the public hearing on this matter. Anyone wishing to speak in favor of this application, including the applicant or the applicant's representative, you'll have two minutes per person for an allocated time of 15 minutes.

Evening everyone. Joe Fowler, post office box 489. I'm here with the property owner Shane and Laura Martin. On that property for 25 years, left the county recently. They've put it on the market for sale. Connor Thorp, who is the developer builder, is here with Paul Zakus. The history of this is interesting. My file was opened in November of 2024. The original plan was 145 lots. It then morphed into 195 lots. But now with one exit only on Moroni Mill, it's 119 lots. We've met with the neighbors a number of times as most recently as last Thursday, some representatives of the neighbors. And as a result of those meetings, we received conditions of zoning that the neighbors have requested. We approve of these with one exception and the exception deals with the conditions that were prepared by this county and that deals with the condition that deals with the fencing around the property. The neighbors had asked for a masonry fence around the entire boundary. We have looked at what the county recommended and it's aluminum fence with columns of some description. More on that in just a moment. But quickly, one of the requests of the neighbors was that the properties that were part of the larger subdivision that gave access onto Cricut Road was a concern for them because it looked like in the future we might come back and ask for additional lots. Those properties have been sold both to the neighbors who live in the area. We have signed deeds in my file. Those will be delivered as soon as we get the platbook in page numbers. But that gives property owners, many of whom are here, who were wanting asurances that that would never come back before you. So with that quick two-minute introduction, if I may introduce Connor Thorp, who is the developer builder. Thank you, Mr. Chairman.

Good afternoon. Connor Thorp, 344 Woodfield Drive. I am with Smith Douglas Homes. We'll be the developer and builder on this project. Um really the only item of concern we have uh on your staff report is number three. Um as it sits today the home plans that we submitted to the county um does not conform with the window requirements here on the page. So if I could ask that we run parallel with our land disturbance permit to get something back in front of the staff um and get approval on this. But as it sits today, we don't have anything um in our plan lineup that would fit this requirement. So, I would ask if we could um uh as we're going through the permit process, uh keep submitting different plans to the county to get approval on that. Other than that, we can do pretty much everything on the um the conditions. Uh we do have our civil engineer looking at the perimeter fencing. We're fine with perimeter fencing around the whole track, but we do have some topo on this property. So, we just want to make sure that we can um it's going to look aesthetically pleasing and uh and we can do what what uh we intend to do around the perimeter. So, those are really the two main items on that, but any questions I'll be glad to answer.

Okay. Thank you very much, Mr. Tharp. Anyone else wishing to speak in favor? If you would state your name and address for the record.

Uh, Paul Zachis, 3500 Rain Tree Court, Douglasville. Um, I'm part of the development team that will help develop this property. Um, we started working on this probably, I don't know, maybe five or six months ago. And um like Joe said, we were originally proposing almost 200 lots and we didn't get a lot of push back on the number. Uh but Miss Duncan did not like the design and after many back and forth with our planning department, our engineers, the builder, and of course the current land owner, we were all in agreement that 119 lots would um protect everyone. Um what's most important here is that what we are proposing are single family uh owner occupied homes. It's not a uh no not apartments, condos, town homes. Uh it's not a data center. And u still licking my wounds from that build to rent uh development that y'all shot me down a few months ago, too. So um and uh you know, we have talked, like Joe said, we have talked to the community. I've been in close contact with Judge Cwell for probably about six months on this. And uh she couldn't be here tonight. She does Bible study on Tuesday and said she would not make it. And um and I'm kind of glad because she scares me. She's pretty tough. Um but um we did have a meeting with the New Horizons group. Uh I believe Commissioner Mitchell was there, the tax commissioner, and I'm not sure madam madam chair I think came a little later. Um I don't think she heard our question and uh answer session, but we we we stayed as and answered every question that they had asked. Um so um let's see. Um she actually caught we actually talked on Tuesday of last week and she was in favor of the project. Um she told me that um again she was at her Bible study. Um and look I I know there are folks here that that are against this and I can assure you that Mr. Martin has done everything in his power to protect his neighbors of 25 years. I

know this because no one goes from 200 lots to 119. he makes a lot more money going from having 200 lots than 119. Um that's just less money for him. Uh most of the neighbors on on top of that are protected by larger prop uh pieces of property. I kind of did some research of the properties that touch this area and most folks have larger pieces of property. Okay. Thank you. Okay. Thank you very much. Anyone else wishing to speak in favor? Please approach the podium. State your name and address for the record in two minutes.

All right. Shane Martin, 231 Wilderness Camp Road, White, Georgia. I'm the property owner. Um, I would like to say I appreciate the county uh working with us on the designs. Uh, we did go with uh more lots and um hearing concerns of not only the county but also the neighbors with a second entrance. We elected to listen to everyone and to downsize it to one single entrance for the 119 lots. And I just appreciate the the county working with us and getting their feedback. And I also appreciate the correspondence that we've had with the neighbors and talking to them and and I know it's big a big change and um I want to I want this to be, you know, a very nice subdivision for the county and um just doing the best we can for for all the re recommendations that that that you and you and the neighbors have. Thank you.

Thank you very much, sir. Anyone else wishing to speak in favor? Okay, seeing no one moving, I will close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition, please approach the podium. You will have two minutes per person for an allocated time of 15 minutes. If you'd state your name and address for the record, sir.

Hello, my name is Spencer East. I live at 830 Pricket Road, which is on the corner of Moroni Mill and Prickett Road on the western side heading towards Highway 92. Um, I first of all, I want to thank you all for hearing our concerns tonight. That means a lot to us. The board has done a great job and hearing our concerns and validating them. So, you know, your hard work has not gone unnoticed by the community. We are concerned about the impact on traffic in this area. Moroni Mill is a dangerous road already as it is. I've lived here since 2022 and have experienced multiple car crashes into my property. And we are concerned that the addition of 119 homes with families, you know, averaging two to three cars at a minimum could create a dangerous situation for the public. Um, also with the addition of those single family homes, you have a lot of children. It's not uncommon for school buses to stop right at the entrance of the neighborhood and pick up all those children. and it could create a dangerous situation for them as well. And the property owners that are directly across from the entrance would be the ones most affected by that entrance. And so it's been brought to our consideration that um it it could create a bad scenario for them as well. Um like I said, I've seen quite a few car crashes since I've been there. It it seems to me that Moroni Mill is kind of the I 285 of of northern Douglas County. A lot of people use it to bypass Highway 92 and that creates a really bad scenario for a lot of us that pull on and off of back streets onto Moroni Mill. People fly through there and if you have time, come out there and sit one evening and you'll see it for yourself. I appreciate your time. Thank you so much for hearing everything we have to say.

Thank you very much for your comments. Anyone else wishing to speak in opposition? Name and address for the record in two minutes, sir.

Yes, sir. You got another Spencer here. Uh, my name is Scott Spencer. I live at 769 Bearden Road. Used to live at 773 Bearden Road, but my house burned down, so I had to move in with my mom. Uh, so that's where I'm at now. Uh, and I just want to uh encourage the planning and zoning board and the board of commissioners to just remember how this is going to impact the public services. Uh, anytime you add large subdivisions, it impacts the level of service that our county can provide. Both fire, EMS, sheriff's department, all that has an impact. Uh, I worked for the fire department for 40 plus years. So, it it's uh near and dear to my heart. Uh I I live adjacent to this on Bearden Road. Uh so uh and kudos to to Shane for trying to work everything out uh with the neighbors. Um you know, change is something nobody particularly wants. Uh but uh our our fire department here does a phenomenal job uh with limited staffing and resources that they have. Uh I am concerned a little bit about the smaller lot sizes. Uh them being able to get their trucks in, especially if if the neighbors were to have a party or something, there may be on street parking. uh that would need to be addressed somewhere, I would think, uh in in your deliberations. But uh again, thank y'all for taking the the time to listen to us. Uh and we appreciate everything y'all are doing.

Thank you, Mr. Spencer, for your comments. Anyone else wishing to speak in opposition?

Name and address and two minutes.

Okay. My name is Cindy Pratt. Um, this is this is y'all's paperwork, so it's not going to be my speech. My name is Cindy Pratt Davis and I live on 4685 Moroni Mill Road, directly across where the entrance will be. Um, I just want to thank you for letting me speak and voice my concerns. Uh, my name is Cindy Pratt and I'm a retired nurse practitioner. I live on Money Mill Road and I've spent my career in Douglas County. Uh, I here to speak in opposition because we're having so much development. It's the broader issue is the growth without the infrastructure to proh protect us. And I'm concerned about the health both figuratively and literally in this county. I want to uh we know that our Douglas our responders are great, but we are we are stretched. We've got uh a 20 to 25% vacancy rate and we are down 79 sheriffs. I from what I checked yesterday. uh surrounding counties like Dwinet, Dicab, Fulton, Cobb all have impact fees. When a builder comes in from another county, they pay a fee for each home that they build. These builders are coming in here not because of growth not because we're prepared but because we're cheap and um because the builders come to our house, they eat at our table, they devour it and then leave and leave us, the taxpayers and the citizens with the con with the consequences. The burden they leave is shifted to us, our emergency surfaces and our children. I've seen these qu consequences firsthand. In 2023, my 86-year-old grand my 86-y old father u had pneumonia was we found him very very ill. Call 911. Basic EMTs responded. They were great, but they didn't have advanced EMTs available because they were backed up in a in another emergency in theos at the hospital. They had told us that they

didn't have transport. We'd have to wait two hours. Two hours is a long time when you've got someone's critical. I ran into that in my office when I was practicing as a nurse practitioner. We had an actual patient having cardiac symptoms, a 50-year-old woman. I called 911. We were in the ambulance. I mean, within a block of the hospital. Okay. And and they they told us the same thing. Thank you very much for your comments. Anyone else wishing to speak in opposition? name and address and then two minutes, please.

Yes. My name is Linda McDaniel. I'm at 700 Prriket Road. Um, and my concern specifically is in regards to the wildlife um, in this area because this area and the bordering neighbors have wooded lots and there is a lot of wildlife that is there. So just thinking about this impact of this subdivision, what's going to happen to this wildlife and the fragmentation to this environment. My second concern is about the creek. Um the creek that bisects the land specifically it flows through my land and in I am currently seeing effects of the creek and the erosion that is occurring there. So when you add on um 119 homes in this new infrastructure, what is what impact is that going to have on the creek? And so I think about potential overflooding. All right. And then what is that going to do with the flood plane that runs in this area? Then it's like if I don't have an issue with overflooding with the three retention ponds in the lift station that's there, what is the potential of drying up the creek? And so thinking about those potential impacts there. So uh you know there all these things are assumptions but are there any studies that have been done to see what impact that it can have on the wildlife and the creek?

Thank you so much. Thank you very much for your comments, Mr. Daniel. Anyone else wishing to speak in opposition?

Name and address and two minutes.

Stacy Bradshaw, 862 Gresham Road. Gresham Road at the corner of Pricket. Um, I want to thank you all for your time this evening. We really do appreciate it. We were originally asking to postpone the vote until the 11 uh plus acre out parcel was sold. It appears that that uh we've all been surprised with that deed that just um was announced. What we'd like to see now is that that be finalized before the vote. There's been no exchange of money. There's no written contract and the deed is not recorded. Just for a matter of record, we're asking that the rental cap be more restricted than the county's current 10% limit because the proposed subdivision will have a much higher density than the surrounding area. The proposed higher density coupled with the rental property significantly increases the risk and threat of crime to the community. An exceeded rental cap would lead to the county only responding to complaints after they already exist. We suggest a proactive measure where the rental cap would be included in the HOA CCNRs so that future buyers will be informed of the rental limit prior to closing via the attorneyordered closing letter. Even though on-road parking will be prohibited, it is likely that parking spilling over to the street will occur. The developer and a builder have a duty to plan accordingly. The width of the paved roads should be a minimum of 35 ft to minimize congestion and crime. Additionally, this would lessen the risk of injury to pedestrians and ensure passage is not blocked, especially for emergency services. We agree with most of the planning and zoning's recommendation to included in supplement A. We agree with the perimeter fencing requirement, the perimeter buffer requirement. However, we're asking for clarification as to what future modifications would require re-review and approval by the Douglas County Development Review Committee. We believe that re-review affords the most

transparent form of communication with the constituents. I thank you again for all of your time. Thank you very much for your comments. Anyone else wishing to speak in opposition?

Name and address for the record in two minutes. I'll do my best. Please just cut me off. Um, good evening, Madam Chair. It's good to see you again, commissioners. Thank you for your time. Just to to kind of uh Did you give your name? Oh, I'm sorry. I did not. My name I thought y'all just knew who I was. My name is Melody Wilson. record does not know who you are.

2280 Pine Drive, Douglasville, Georgia. Um, and anyhow, I wanted to go down and say according to new home sources, there are according to new home source, there are currently around 282 new construction communities in this county. Um, and those developing have made promises that were not kept. I encourage everybody who has developers, I don't trust any of them at this point. I have seen streams destroyed. I've seen ponds destroyed. I've seen neighborhoods destroyed just because what they promised to do they don't do. And you know what? Nobody holds them accountable. And that's what's so frustrating. Um, also when you look at this, we're supposed to be green people and the only green I see coming out a lot of times is just the dollar bill because the trees are gone, the open fields are gone, the wildlife is really struggling for places to go and we just continue to build in this willy-nilly kind of crazy topsyturvy way and we aren't ready for it. The the infrastructure is not ready to handle it. Emerging services can't handle it. The schools can't handle it. And I've heard every excuse in the book and when I've said it before, I've seen smiles and smirks, too. but we're just not ready to handle what's coming in. And believe me, this gentleman has every right to sell his property. I'm the first one to tell you that he has that right. However, where does that right draw the line when it impacts an entire community? You know, we can sell our property and build hundreds of homes on it, but I can't put a shed in my front yard because it might disturb the neighbors or ruin the aesthetics of the neighborhood. Something's wrong here. We need to slow down, back up. I have no delusions of where this county is going, but we need to slow down and catch up before we continue to build and build and build. Thank you for your time.

Thank you very much for your comments. Anyone else wishing to speak in opposition?

Okay, seeing no one moving, I will close the public hearing in opposition. At this point in time, planning and zoning board, do you have any questions of staff or of the applicant? Uh, this is Melissa Pulk. I actually have um a question. I'm not real sure if it'd be considered staff or applicant, but I do have a question in regard to the sewer for this property. Um, I would defer to water sewer authority. Perfect. Yes. Thank you. Hello. Good evening. Brian Keiel representing the Water and Sewer Authority.

Thank you, Brian, for being here. Um, my question for you in regard to this property, um, what what are the requirements in regard to sewer? You know, what are the requirements for this property in regard to like a sewer line or sewer hookup type thing? Can you explain that to us for we are aware of that? Absolutely. So given the property's proximity to existing available sewer, we will require them to connect to that sewer.

Uh doing so will require that they build a a pumping station. Uh they've got a couple of options of locations where they can connect. The closest available sewer is in the uh the Beard and Landing subdivision immediately east of the proposed development. We also have a lift station on um on Moroni Mill Road a little bit further away that they could connect to as well. So, they've got a couple of options. Okay. And again, you stated this is a requirement for this property. Yes, ma'am. Okay. And has that been voiced to the the the owner of the property and the builders and engineers like they're aware of this requirement? We have had that conversation with the engineer. Perfect. Okay. Thank you. Thank you so much.

Um I'm sorry. My Thank You can have you guys have any other questions for Brian? Yes. Okay. Any other questions for Oh, no, no, no, no, no. Okay, Brian, thank you. Any other questions for the applicant or staff? Yes, I do. Um, I'd like to speak with the applicant, please. Hi, thank you. Um, so hearing that, um, you all have had this conversation. Um, where is your position with that and your understanding of the requirement and are you ready to move forward in that requirement? So what's the plan with that?

Yes ma'am. So we'll submit assuming we get zoning. We'll submit full civil plans to the county. Um so Michael Forlaw is ours civil on this with Southeast uh civil group. So he's heading up all the connections and the lift station and where that's going. Um so we kind of put trust in him to make sure that all the capacity issues or anything uh like that are met with. So, but we are prepared, I guess, to your question to go ahead and submit full CDs assuming we get zoning approval. And the um property that he had mentioned, the other community that he had mentioned that we're you know, you would have to start your connections with is that you've had a conversation with those property owners as well? No, ma'am. Unless Mr. Forlaw has, I have not. Okay. No, ma'am.

And um do you have anticipation of plans of doing that? Reaching out and having that conversation what that means for them go we we'd reach out to him. Yes, ma'am. Understand? Yes, ma'am. Um, I do not have any further questions for the applicant unless the board does. Okay. Any other questions? Planning and zoning board? Yes. I uh like to talk to uh uh not with uh the uh with the DOT regarding traffic. Hey, good evening.

There have been some concerns uh about the residents pertaining to traffic in that area, increasing traffic. Uh your traffic studies, have you uh uh can you give any response to that?

Yes. Um the number of u what we call trips visits in and out of a given entrance um for this size development will be uh approximatelyundred and um excuse me 1,139 daily trips. Okay. Uh that equates to 89 in the morning and 121 in the PM uh peak hours. Now, to give you a um comparison of how much volume is on Moroni Mill Road, on an average, it's about 4,400 cars a day. Uh comparing that to Highway 92, it's 26,000 a day. So, just to give you a little bit of an idea of what type of volume it's going to create and what kind of volume is actually on Moroni Mill Road itself.

Okay. Thank you. Any other questions? Yes. Uh I have a question for uh fire and rescue or fire. Anybody here represent chief? Chief's in the back. Chief's back there.

Show up. So I apologize. Good evening. Good evening.

Yes. The question is, some of the residents had some concerns about, you know, emergency response in that area being medical if anything happens or do they have a fire station out there or is it something that proximity for them to get assistance if they need it? Because now you're going to have another 119 uh prospective homes that's going to be put out there in that area which is going to probably require, you know, some more firemen or some more services out in that area. So we do have um we do have uh two stations in somewhat of the vicinity within like three miles of the uh area. Um however, you know, additional homes means additional, you know, uh call value. So that's what we look at also.

Okay. So you so you just so that's something that's going to have to be looked at later on about I know some of the people had brought up that you are uh the county is going through u the amount of firefighters that they need or EMTs that they need for that area. It's it's you know the uh I think one of the ladies talked about that it's we don't have the adequate amount or we're down. Well I mean nationwide the fire departments uh nationwide are are short of staff. I mean, we're no different than anyone else. Uh, but once again, you know, we're always going to respond, but you know, additional homes, additional additional call volume, whether you're talking fire or or medical.

Okay, that's all I have. Okay. Thank you, sir. Any other questions? Planning and zoning board? I have a question for the staff. Yes, sir. Now, I know that uh the developer talked about something about the building window or something that needs to be changed and they're willing to work with you on that. Could you kind of explain that? What was the change between what it was for what they thought they need to have until now? There was a change to that.

Yes, sir. The applicant submitted a set of elevations as a part of their overall development standards. Typically, their overall development standards bind them if they're approved. Uh so staff's introducing some conditions to modify those elevations and typically those elevations aren't required until they get to the final plat stage. So that means they'll have to go through engineering um and preliminary plat stage first. So they'll have to go through DRC and address all the different technical aspects of it and then at the end is when they do their architectural pattern book review. So we would ensure that those conditions are complied with at that stage. So it gives them a little bit of time to get through the process. Okay. All right. That's all I have at this time.

Anything else? Planning and zoning. Madame Chairman, uh we're through with our questions. I put it over board of commissioners for questions you folks may have. Okay. Thank you so much, Chairman, Commissioner Mitchell. We have the floor. Thank you, Madam Chair. So, just a couple of questions. I don't know we'll start with I don't know would this be staff when we can you talk a little bit more about the fencing and the buffer, the natural buffer and all that good stuff. So, we

Yes, sir. So, we heard from the citizens that generally perimeter fencing is preferred and that's something that can mitigate off-site impacts and especially uh mediate like viewsheds from different properties. So, we're proposing a condition to install perimeter fencing interior to the site along the buffer. And the buffer is shown better here. Let me see if I can get the laser. It's kind of the south portion of the property where it's kind of grayed out in the purple and on the blue and to the north it's more gray. But that's the perimeter buffer. When you have a PRD district, you have to provide 50 ft from existing single family developments. So that's where the perimeter fencing is proposed to be located.

Got it. And and and and correct me if I'm wrong, is this going around the entire this property to its entirety even dealing with the tow? You just kind of that could get kind of interesting trying to do that though, would it not? Or Yes, sir. Well, the it wouldn't go in the power easement. the power line easement. And then on that section in the bottom right of the screen where there's the stream and the buffers, it wouldn't go in that section either because that's not where they're proposing the buffer, but presumably they would have to grade as they need to and do retaining walls and all those things.

And and and how we capture knowing so if this passes or whatever, how would they know kind of how would that that work or who would be the police buffer patrol? Who who would take We would have the building inspectors go out when they come for their certificates of occupancy uh when they're ready. We would have the building inspectors check for that at the time. Got it. So along the way that'll be Okay. Okay. Yes, sir.

Okay. Um, and there's a a type of fencing I think I was hearing that was requested, but on on the planning and zoning side that there is a type that's that's approvable, but then there's uh the citizens on the other end saying they want bricks, stone, and all this other stuff. Yes, sir. We're proposing uh decorative stone or decorative aluminum or be glad in stone or brick veneer at least 6 feet in height. So, giving them a little bit of option there. If y'all feel one is more appropriate, we can modify the conditions. Right. And and I guess I would probably say to to the the developers, how do they feel? Are they is it in line kind of?

I did uh do you mind if I go back to the site plan real quick right here? So on the site plan too, I was kind of getting at earlier. um the bottom right hand corner which would be your north is that northeast corner the topo is pretty severe right here. So right we have not done enough homework on grading plans and full civil design to know how a perimeter fence would work in this corner down here because it I mean it's very very it drops rough right there. Yes sir. Um, so we would ask, you know, once we submit the LDP set, the county's got to approve it anyway, but we'd like to show where we can and can't do the fencing around the perimeter on that set.

Um, and like you said, you know, we can't cross the creek with it. Um, right. And I I did want to add the buffer. We want to leave as many trees as we can around the buffer, the natural trees, the timber on the site. So, um, you know, to do the perimeter fencing, we would have to grade that area and clear those trees out. So, it's kind of a a win-lose if you will on that. And and staff, how would we kind of if this passes by, you know, how would that work?

So, we've proposed we've proposed the condition about opacity, which is condition number two, um where the perimeter buffer has to provide at least 80% opacity. And so, if they disturb that buffer, they'd have to plant back to provide that 80% opacity. Of course, that would be newer trees, which would take time to grow up, right? But that would be the remedy to plan back. Yes, sir. Okay. And stay stay there while you're there, though. Okay. So, are there sidewalks within within this plan or they're not sidewalks or

I'd have to defer to DOT actually for their inventory of that? I I'll take cuz I just don't recall hearing about anything of that caliber bud.

Yeah. As far as sidewalks within Okay. Um, every proposed street within the development and along the property frontage of Moroni Mill will require sidewalks on both sides of the road. Oh, okay. Okay. Interesting. Okay. All right. Thank you. Thank you for that. Um, and this one for Joe, I think I heard. So, Joe,

you talked about these two deeds that you had that sold off these two pieces of properties. And I don't Yes, sir. Well, it's not up there now, but kind of help me to understand that and understand kind of where you are and when the recording and or should this be a part of this condition? Are you making this a part of this? They're saying these are done, sold, and just haven't been recorded. You haven't had time to get to the courthouse. I guess at the meeting on Thursday at my office, coincidentally, there was a discussion about ensuring that the property transfers took place because of the concern that I mentioned earlier about whether or not Shane would come back and

try to do an inr run on what the county approved. So, we asked for a survey to be prepared of each parcel that's 4 acres plus about seven or eight acres. I've got the deeds right here,

but those plats have been submitted to PNZ for approval, and we don't have the plat book and page number yet, but I've got the the deeds that were signed and photocopied, and I can put them in the record right at this moment. Now, Mr. Acriman is buying one parcel and Mr. Cooer is buying the other parcel. When I talked to David, he said he's ready to write the check and we'll sign we'll have the deeds ready to record as soon as we get the platbook and page number. But I can put them into the record right now. Mr. Commissioner,

and and just I I guess staff will probably have to say kind of how or legal, how does that work, you know, to to make it a part of if by chance this move in any direction of any sort of passing of some sort to reassure that that that is what's going to happen. Yeah. As a condition of the zoning, it would be that these deeds have to be recorded. No land disturbance permit would ever issue unless the deeds are recorded. And I think we'll have the flat booking page number. Allison talked about. Okay. Yes. So, if I understand the question correctly, just to clarify, if you're looking at the site plan, the only thing you're being asked to zone is what has a color. Correct.

Right. So, I think in terms of protection, I totally understand where the neighbors are coming from. It was absolutely the recommendation of staff that y'all need to kind of button up this issue that you're doing with selling these properties to the neighbors, right? Don't let that hang out there. But I would say you are only being asked for zoning approval on what's in the color. So what is not colored, which includes the larger tracks that we're talking about, is not the subject of this zoning hearing whatsoever. So we can't make this a condition of the of the two.

You can certainly make it a condition, you know, of approval. I would my opinion only that probably gets a little bit above and beyond what we have the authority to control. Correct. Right. But I would say that in terms of doing an end round of the the counting or the zoning or anything like that. Right. We're looking at basically just what you know is uh on this plan unless would you disagree with that or anything?

I don't disagree at all. But we're willing to stipulate that we'll sign these are signed. We'll record them when we have the black book and page number and I'll turn it over to Allison and she will accept it. I I think we're I think we're good to just go with the zoning right now. If the board is comfortable with that, we do have the plat. We have reviewed it. Has to go to DRC for all kind of final signatures. At that point, it passes back to the surveyor and they get reported. So, I understand. I understand. I understand. Just one last thing to while you're there. So, the fire and EMS and you saw

getting getting No, I know he ran off and left, man. But so um in the buildout to reassure that fire and EMS can get in the subdivision. We build as such. We don't build to where a a fire truck or EMS couldn't get into the subdivision by So are we building this with the streets and and and sidewalks wide enough to to in address? Do you want I would defer to DOT on that. My answer is going to be uh yes, but the fire marshall sits on the uh development review committee. He is one of the required signoffs. And I would let Bruce address the the buildout of the streets.

Okay. Cuz I mean I'm I'm almost confident that we I know that we do, but I just want to kind of hear it from the experts. Yes. The um the minimum pavement width for a subdivision street will be 24 foot wide, which is what we build everywhere. Mhm. Um the one thing we have to take in uh in consideration anytime you um increase the width beyond the the asphalt beyond uh 24 you get into 30 that increases speeding. Um I heard something about on street parking. There's there's no on street parking. Um

uh there's no restriction of on street parking in the code. Right. Um, so to go back to the original question, a 24 foot wide asphalt paved surface is a standard minimum road width for sure. And with this buildout would be as such. I don't know. That is correct. That that will be required. Got it. Okay. Thank you. Thank you. And I guess um I had one other question, but I have a senior moment here. Oh, is this going to be an HOA community? Uh, yes, sir. So, we'll have covenants and restrictions and active HOA which actually parking on the road will be you'll get fined uh from our HOA docs, our covenants if you know parking on the road is there. Yes, sir. And that's going to be a part of the covenants as Okay.

Yeah. And I did want to just clarify. Okay. On our house plans on the windows as it currently sits today, we do not have product just on number three that fits what the staff is asking for. And we are going to go back to the drawing board to try to get as close to something um where we can come to agreement on that. But as it sits today, we cannot uh adhere to that number three item regarding the windows. And and and what is that? I'm a little confused. I don't know if maybe I'm the only guy. I'm trying to understand what the window. Okay. We we buy a lot of our windows in advance. So um bay windows really was something done in in the past a long time ago. Um

uh and then the focal windows we just as a home builder, we don't have that in our library to do. And I wish I had some more detail for you about how that's different from a a regular house down the road, but okay. Uh, in our plan library, we just don't have it today. I'm just a little still confused. But I mean, maybe the other guys got it, but I I still I don't I still don't quite, you know.

Okay. The expert just gave it to gave me the answer, so we're good. Thank you. Okay, so outside of that, um I may have a few other questions, but Oh, and and and it may have been already asked with the nine conditions that was being asked. There was I think if I heard you correctly, there's one that you kind of have in question, but outside of that, those conditions, right? Number three is that's correct. Number three is only one. Yes, sir. That's that's in question. But outside of that, the conditions, eight or nine of them are correct. Are all good? Yes, sir. Got it.

And we'll we'll submit for the perimeter fencing um as long as the county will work with us on the topo where we could actually put the fencing on the LDP set, right, to show where it go. Um yes, sir. But other than that, just number three. You're right. Okay. Thank you very much. All right. Uh outside of that, I'll yield, Madam Chair. Okay. Any other questions? Commissioner Rexton, you have the floor. Thank you. All right. This is for DOT.

All right. Good afternoon. Good afternoon. So, one of the concerns we heard from the the residents is that there is car crashes and a high degree of car crashes even onto their properties. So, I just want to get an idea what can be done to reduce even the car crashes, especially if we're looking to now increase the number of units introducing additional cars into a potentially new development. Okay. Um, as I mentioned earlier, uh, the, uh, Moroni Mill carries about 4,400 cars a day.

I did a quick snapshot of accidents with, uh, between, uh, Pritchette Mill or Pritchette Road and Huey Road, which are, um, kind of bordering the property on either side. And in a two-year history, I found only three accidents within the last two years. One of those was a deer hit, one was a sideswipe, and one was a rollover um at the top of the hill. So, if you expand back to five years, um we gathered eight accidents. Now, I'm again I'm looking at the area for the first half mile, 3/4 of a mile on each side

of the proposed entrance. What happens a mile or two east or west? really kind of doesn't go along with what this property is trying to prevent.

Okay. And I'm hearing some odds that I'm not sure that that is um accepted or agreed to with what I'm just hearing in the audience just from the the moons there, but thank you for providing that information and that documentation and doing that review. Is there anything from a condition standpoint that could be done to maybe help slow down traffic or the speeding? Yes. Again, just thinking of introducing additional cars into potentially a new development. Is there any thoughts or anything that the DRC may propose? Typically, when you get into vehicle accidents, you're dealing with speed. Mhm.

Um, and DOT that that's not a DOT uh govern. That's that's an enforcement when we're getting the sheriff's department there. Um, I've traveled down Moroni Mill Road many many times. I think everybody uh that's in attendance either supporting or against has traveled the same way and probably hasn't had an accident. It's it has to do with speeding and driver control and driver awareness.

Um there's there's it's a 45 mph road. It's a it's a minor arterial roadway. It's a larger road um in the county, but to orchestrate uh something to try to alter the speed or check the speed. Um I'm not aware of anything right now. Again, if if you ran just numbers, and I know I'm talking just a small snapshot that I took because I wanted to address the parcel we're talking about. Sure. If you look at at an overall number of 4,400 cars a day Mhm.

for two years for three accidents that the numbers are are are rather small. Okay. Again, that's that's a snapshot near the frontage of the property. Okay. All right. That's fair enough. Okay. Thank you. Appreciate that insight. Thank you so much. All right. The next one is for staff. Um, so a question just want to see is this development located in a flood plank? I thought I heard that it was. And if so, is that going to increase insurance costs, homeowners insurance?

Okay. Well, the I would probably defer to Travis and his discussion of the flood plane, but the property does have a little bit. So that's that kind of light blue outline in the northeast and kind of the northwest section. as it meanders, it kind of follows the creek, but not too much present on this property. Yes. So, as Austin said, there are uh small portions of flood plane on the property. Uh I'm sorry, what what are your other parts of your question?

Well, I'm just wondering about the insurance and you know, if it's being developed in a flood plane, will that increase insurance and of course that price gets passed on to the home buyers? So, there are storm water uh controls that uh WSA will regulate as far as uh the amount of of runoff that does get to the creeks from the developed property. Uh that is supposed to keep the flood plane relatively uh the same before and after. Mhm. Um so as long as the flood plane stays the same over time, uh it should not like one one property doesn't affect the insurance rates of the next property over.

Um especially here it looks like the flood plane is fairly narrow. That's usually because the topo's steep. So as the water rises, it doesn't the water doesn't really have room to spread out, right? So on something like this, I would not um expect the the flood plan to change significantly. Okay. All right. Thank you. And I think Brian, if apparently Brian has something to add. All right, Brian, go right ahead. I'll I'll just add Travis is exactly correct and I'll just add to that the um the site plan that was submitted with the packet does not show the construction of any homes proposed within the footprint of the flood plane. So So insurance would not be affected. Okay, sir.

All right. Great. Thank you. Greatly appreciate that. And then the last question for staff and I heard um something regards to um imposing or having a 10% rental cap. And I just wanted to clarify that and get a little bit more granular. What does that mean? Is that something that's enforcable or what does that look like? Yes. So we have a 10% maximum for the developer as they develop these sites that only at most 10% of the lots can be set aside for rental. Mhm.

We haven't heard from the applicants that that's their intent to set aside a certain percentage for rental. We do check the covenants to see if there's any clause related to rental, how that's treated, etc. But that really only extends to the developer as they develop the property and maintain those properties if they decide that they're going to have a property management company take over or if they're going to sell the lots off be Simple Lots. Okay. Thank you. So maybe if you could just expound on that and just to give us some um assurance of what you're looking at, what is the plan there from a rental perspective?

Yes, sir. In most of our neighborhoods in the state, we'll have a 10% rental cap on the neighborhood and we do hire out a third party once we turn over the HOA to the homeowners, but we'll deficit fund the whole HOA until we get down to the finish line of our last home closing. Um and then that third party HOA company that takes over will enforce that no more than 10% of the neighborhood can be rental. Okay. Okay. So, the you saying who would take over that that management? It's a third party management company. Yes, sir. Okay. Okay. I'm just wondering as far as from a longevity standpoint, how long could that potentially, you know, be in a force? Yes, sir. You know, I I don't know the exact buildout time on this, but like I said, we'll deficit fund everything, the grass cutting, the common areas, and everything like that until we turn it over to the homeowners.

Okay. All right. Thank you. All right, Madam Chair. I yield the floor back to you. Any other questions for it? Okay. Um, WSA, if you could back up for just a second. You there was some light conversation about the lift station and there was a question uh asked that you speak to the neighbors about the lift lift station. Is it going to be close? Tell me proximity-wise, how close will it be to those particular residents? Because

Yes, ma'am. So, uh, referring back to the site plan here, it's going to be kind of in the back, the northwest corner of the neighborhood, which, uh, on this view is the upper right corner. Um, down by where the stream crosses through the subdivision and crosses out of it. So, um I don't know the proximity to any of the surrounding neighbors, but it's one of these little call outs in the upper right corner of the page. Okay. Lift stations. Can you just talk about some of the challenges or pros and cons of a lift station?

Sure. So, a lift station is a it's a pumping station to pump sewage. When uh the topography does not allow sewage to flow downhill through a pipe naturally, we have to pump it. Here in Douglas County, we're blessed with an abundance of topography. That's a lot of up and hill up and down hills. So, um we do have to use lift stations to convey sewage. It's uh primarily an underground structure. Um uh above ground you're likely to see a a small generator, a control panel, uh a radio antenna, and um that that's about it usually. And odor control. And and odor control. Yes, ma'am.

Okay. Just want to make sure. I know folks probably concerned about odor. Yes, ma'am. As far as you know, impacts to the neighbors, um they they don't they're not loud. They don't generate smells. Um okay. They can be constructed so they're not an isore, you know, with um vegetation around them screening. Okay. They're they're not uncommon in subdivisions. All right. Thank you. Thank you.

The ret, you know, on the fencing, if we could go back to that area. I know sometimes I heard that the topo could be challenging in on some of the areas in this subdivision. If I could have the developer come up a little bit. those houses that are close to the flood plane, are you are considering uh retaining walls or anything like that? Uh I sit right up on a flood plane in my subdivision and I love looking down at all the areas that couldn't be developed, but I noticed a a retaining wall is on the side of my house. Can you explain that?

Yes, ma'am. So, we won't know exactly yet if we need a retaining wall right there or how big it'll be until we get into the civil design stage of the property. Uh but there very well could be a retaining wall down there on that slope. Um if you're looking at the property on your north eastern portion of the property and there could be some other smaller ones throughout the property. But uh once we get into the grading plan a little bit more um y'all will obviously review that and see where they are before you approve it. Okay, that's all I have for the retainer. I believe that's it. All right. I yield the floor back to you, Madam Chair. Okay. Wait, Vice Chair, you have a question. This is for the builder.

Can you go back to that uh the site plan, please? Sorry. What are the size of lots in the purple? What size are those lots? The purple lots are 10,000 square ft. Uh well, the frontage lots are 20,000 ft² coming into the subdivision. Uh and then 10,000 square feet uh around the perimeter on the back side of the property and then 8,000 square feet uh in the orange kind of in the middle of the property. Okay. I guess maybe you guys just laid it out to get more capacity in the subdivision is the reason why you changed those lots to in the orange.

You know, Shane, I may have to revert to Shane, but we uh once we went down from the 190, we still were trying to get a number that worked for both of us. So I think that was probably the main reason. Yes, sir. Okay. Because I was just looking at me because usually when you sometimes in some subdivision you come in and there's consistency in regards to lot sizes, but I just noticed in the horseshoe that those are um really packed in. Um but okay, I was just want to lot size. Thank you. I mad chair.

Thank you. If I can have DOT come up for just one second. I had a question about Moroni meals and then I'll yield the floor back to you once we finish. I'm telling you, it's taking copious notes. Um, Bruce, if you could, are there any enhancements planned for Moroni Mill? You know, I know you said the traffic study reveals 40 4,400 cars. Is there any way we can put some flashing lights along that quarter just when you come in, it's yellow lights and slow it down or something to that effect? I'm not sure if it'll work, but it'll be something to get the uh the drivers attention, the ones to tend the speed. Is it anything we can do to enhance it just further?

I think um I think the most critical area uh immediately near this particular site is um is over near Priet um Pricket Road.

Uh there's a there's a vertical and horizontal alignment there. Uh, I know in the past we've had some accidents, but we've increased the uh signage through that area with larger chevron signs. We tighten them up so you could uh be more aware that you're traveling through um uh a horizontal movement. That is something that we can look at either adding larger signs, more signs, or even consider something if it's warranted for uh something that would give a flashing beacon to advise um of the severity of the curve,

right? That curve. So, flashing beacon something you would consider. Yes, ma'am. Is that something you would want as part of the project? I'd love it to be because Commissioner Mitchell in that corner we was talking about it coming around. Are you okay with a flashing beacon? Just something to Yeah. We want to make sure that our citizens anything that anything that would bring attention to that bring I want to bring some attention to number one the speed limit and then also that curb. I know it's a deep curve. I I travel Moroni as well. I have I don't drive often, but I have been on that road. And I did hear no in the back, but you need something. It It's gonna It would flash 247

and it' probably be in someone's bedroom. It It would reach someone's bedroom. Oh, okay. I don't want to Oh, wow. There's There's pluses and minus to that side of it. Let us do this. Let us let us take a hard look um at at more accidents in the area. Maybe a elongated uh picture. typical um traffic improvement type designs are are are at least a two-year minimum. And then that's what I looked at uh initially, but uh we've made other improvements in in different areas of the county with um adding additional we call them chevrons that kind of guide you through the through curves. Mhm.

Um we've added we've added multiple heights. We've added multiple sizes to get greater impact and we've seen um some some improvement there. So I'm not opposed to to doing that at all. Okay. And that that way it's not a a continuous flashing item to to cause any harm. Okay. Thank you so much for placing that area on your radar to see what we can do to be uh creative and uh 21st century to make sure that there is some at least some awareness brought to that curve. I know exactly where everybody's concerned about. Thank you. I yield the floor back to you, Chairman Simmons.

Thank you, Madam Chairman. Planning and zoning board, you've heard the discussion. Do I have a motion on Z 2026-25? This is Frank Payne. Uh, I recommend approval of Z2026-25, a request for reszoning for RA to PRD for a resident subdivision located at Moroni Mill Road, Douglasville 30134. What about the conditions? And with the conditions and uh the findings. Okay, I have a motion. Do I have a second? Or Curry. Second. I have a motion and a second. Do we have any discussion?

Uh, yes. I would quick like to have discussion. So, when we were talking about the conditions that were listed, I believe there was eight or nine. Is that correct? And the builders are saying there's one of them that they can there are three. So, how can we approve this with those re with those recommendations when one the party is saying that they're not going to be able to meet that as of yet or can't attest to that? How does that work? So I would uh refer back to condition number eight where a minor modification if it's something we can review as a minor modification for instance if uh bay windows don't work out on 25% but they can propose a focal window and that's something we can work with them on. We can usually work that out through the development review committee without having to bring it back to the uh board of commissioners if it's the discretion of the development services director to approve it in that way. So that's one way we try to work in these conditions for these where they're tied to a site plan or elevations or something to that effect where if something changes, they don't always have to come back to the board of commissioners if it's a very small minor change either technical or aesthetic.

Understood. Thank you. So number number condition number eight does add a little wiggle room in there for DRC to make uh changes based on conversations with the developer. Yes, sir. Okay. Any other discussion? Planning and zoning board. Good. Okay.

All right. Did do we want to change? We don't need to change the motion. We forgot number eight in there. Okay. All right. At this point in time, I have a motion and a second. We've had discussion. Do I have a vote to approve Z2026-25? Planning and zoning board. All in favor say yes. All oppose. That's unanimous. Madam Chairman, Z2026-25 comes to you with a unanimous recommendation for approval with the conditions. Thank you so much, Chairman Simmons, Board of Commissioners. You've heard all the questions and answers. Do we have a motion?

Yes, Madam Chair. I'd like to make a motion to approve item Z2026-25 uh as stated by planning and zoning and with the said conditions and findings as stated. Do we have a second? Do we have a second? Second. We have a motion and a second on the floor. Any discussion board? We have a motion in a second. All in favor, please indicate by raising your right hand. All oppose. We have a 4-1 vote in the motion carries.

The post. Yes. 41 vote and and post car. Okay. All right. Board of Commissioners. Okay. You've heard all the questions and answers. Do we have a motion? Yes, Madam Chair. I'd like to make a motion to not approve um Z2026-25.

I'm sorry. I thought you said I thought you didn't say I don't think you said with conditions. With conditions as um provided by staff. Sorry, just to clarify, if your motion is to deny, we do not need the conditions. So if is is your motion to deny the res Thank you for clarifying that. Then we do not need the conditions as presented by staff. Commissioner Kenner Jones look like you are you okay? You look you thought he said one thing he didn't say. I think we have a problem. Right. She was she was and I was thinking the same thing too that I didn't include the conditions. I said the conditions and findings by planning and zoning that I didn't hear.

You didn't hear that? Oh, no. That's right. I actually said with the the conditions and findings stated by planning and zoning. So, do we need to call another motion or Okay, one on the floor. We have one on the floor. Do we have Call your motion again, Commissioner Raxton. Oh, okay. Motion is deny um Z202625 for request for resoning from residential architectural to plan residential development.

Second. Okay, we have a motion and a sec. Second. Any discussion? We have a motion and a second to deny. All in favor of denying, please indicate by raising your right hand. Okay. All oppose of the denial. Please raise your right hand. Okay. We have a 32 vote and the motion carries. I mean, the motion fails, so you're up. So, madam chair, I'd like to make another motion on Z2026-25 in the motion of approval with all the said conditions and findings stated by planning and zoning um for approval. Okay. Do we have a second? Second. We have a motion and a second. Any discussion, board?

And I do apologize for the confusion. I did not hear you say with the conditions the first time and and the findings and I was not going to vote in favor of approval if the conditions were not included. Okay, we have a motion and a second on the floor. Any more discussion? All in favor, please indicate by raising right hand. All oppose. We have a 32 vote and the motion carries. Okay, motion carries. Thank you very much, Mr. Chairman. Good luck with you on this. Motion carries for approval. Okay. Our next agenda item, please. Uh let's give it a about a minute to let everybody leave.

Commissioner, make sure we didn't hear you. I mean, he

Okay. Okay, we could uh we could exit the room as quickly as possible, please. We have other business to take care of. Okay, Miss Glenn. Next item, please.

Thank you. Agenda item S 2026-20. The applicant is requesting a special use permit to allow a short-term rental at 3357 Saddleton Way. The lot size is approximately 73 acres in Commission District 1. There is an existing 1,638 ft single family detached home that was built in 1988 in the Country Park subdivision. The applicant is proposing to use the existing home as a short-term rental. Here's a relevant code section. The use must not alter the principal character of the property as a single family residence. Here's a special use criteria analysis. Here is a zoning map. Here's a site Ariel. Staff is recommending approval based on the following findings. The proposed special use permit will not modify the intent, purpose, or spirit of the comprehensive plan. The proposed special use permit will not adversely affect the public health, safety, and welfare. Thank you.

Thank you very much. At this point in time, I'll open the public hearing on this matter. Anyone wishing to speak in favor of this application, including the applicant or the applicant's representative, please approach the podium. have two minutes per person for our allocated time of 15 minutes. State your name and address for

Hello. Good afternoon. Uh my name is Nicholas Ro. Uh that's my property. Me and my wife want to do this. We see this an opportunity to bring more people to this community. Um we've been working on this and we think we want to we don't want to disturb the the nature of of the neighborhood. We don't want to party. We don't want to allow parties. We don't want to allow parking on the streets. So we want to be very specific with our guests and just allow people to come to our home know our community and stay with us just for a few days. We don't we are open to hear anybody who want to share their concerns and most concerns are that from what we heard the last time that we're here is just uh parties on and streets and uh we want to be respectful to everybody.

Okay. Thank you very much. If you would stand by. We probably have some questions. Anyone else wishing to speak in favor of this application? Seeing no one moving, I will close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition to this application? Again, seeing no one moving, I'll close the public hearing on this matter. Planning and zoning board, do you have any questions of the applicant or of staff? I have a question of the applicant.

If you'd come back to the podium, please. Yes, sir. Yes. The first question I have is are are y'all in the HOA community or There's no HOA. So, there's no HOA in the community? No, sir. Uh, have you talked to the neighbors to the left, to the right, front, uh, about you, what you're planning on doing because I know the sign was put out there and they did. Anybody come by and ask you any questions?

The only person we spoke to was the neighbor. He lives at the very entrance of the community. Uh we made here the the last time like three weeks ago and he said he just he wasn't opposed to it. He just wanted he wanted to know more about it and he said well this a wild community so I just want to make sure that it's not going to disturb that and said no sir uh we're going to require a minimum two night stay which prevents most of the people that want to parties at homes. Okay. So, are you going to are y'all going to stay there or you have a separate? We live there. We live there and we're going to rent out just a portion of the home. Okay. So, you're going to rent a portion of the home? Yes, sir.

Okay. So, um how's your driveway for parking for if you how many guests are you planning on taking in at a at a time um when they when they come to stay? How many guests? Our plan is to allow a maximum of four people. So, we have a driveway that can fit uh two car. One is going to be for the guests and the other one is going to be for me and my wife. Okay. All right. I have no further questions. Hi. Hi. Um will the uh individuals who will be renting, will they have access to a kitchen or uh appliances or is that in a separate area?

It's going to be a separate area. They're going to have a one uh bathroom. They're going to they're not going to have access to the kitchen. We're planning to divide the home with a door, a secure door. So, would this be one bedroom or uh two? It's going to be one bedroom and that we can call it the family room. uh at some point in history that that space was uh I think it was the garage and it was just conditioned to stay to you know to be said home if that makes sense. Okay. Are you registered with uh Airbnb or Yes, sir. We have an account. You have an account with them? Mhm. Okay. All right. That's all I have. Thank you. Thank you.

Any other questions? I do. Hi. Um over here. Um a quick question for you. Um, how long have you owned this home in Douglas County? We've been here for 6 months. You So, um, and you moved here to Douglas County purchasing the home. Um, and then within 6 months of purchasing it, you felt, oh, well, I'm going to rent it out or did you purchase the home with the scene opportunity to do that? When we purchased the home, we just wanted to be the both of us. Uh we were looking for homes and after a while, well right now it's just me and my wife and it's a big house just for two people. Mhm. So we decided, well, we can give it a try to do that. Like we don't need that whole side of the house.

M and guests can have their independent entrance. So uh we we noticed that we could have still a home just for both of us. Mhm. And still share it with other people. I see. And do you own any more properties um within Douglas County or any other county? I don't. Okay. I have no further questions. Thank you. Any other questions? Planning and zoning board hearing? None. Madam Chairman, I'll throw it to Board of Commissioners for questions you folks may have. Okay. Thank you so much. Any questions? Board of Commissioners. They answered all questions. Okay. I yield the floor back to Thank you very much. You can have a seat. Thank you.

Thank you. Planning and zone board. You have heard the uh discussion. Do I have a motion on S2026-20? This is Frank Payne. I uh have a motion to approve S2026-20 uh request for uh special use permit to allow a short-term rental located at 3357 Saddleton Way. Douglasville. I have a motion. Do I have a second? Or Curry. Second. I have a motion and a second. Do we have any discussion? Planning and zoning.

Hearing none. I'll call for a vote. All in favor of approving S2026-20. Please signify by raising your hand. Thank you very much. That's unanimous. Madam Chairman, S2026-20 comes to the board with a unanimous recommendation for approval. All right. Thank you so much. Board of Commissioners, you've heard all the questions and answers. Do we have a motion? Yes, Madam Chair. I'd like to make a motion to approve uh agenda item S2026-20 in the form of a motion for approval. Second.

We have a motion and a second. Any discussion, board? We have a Any discussion? We Okay. All in favor, please indicate by raising your right hand. We have a 50 unanimous vote for approval and the motion passes. I yield the floor back to you. Very much madam chairman. Best of luck to you, Mr. Com. Next agenda item, please.

All right, we have S2026-21. Uh, this is a special use permit request. This is for a convenience store without gas pumps. Uh, so this is located on Maxim Road. Uh, the property side is 2.22 acres. It is in commission district number two. Um the building is in a neighborhood shopping center that was built in 1989. It's been occupied by several different commercial businesses over the years. There's four leasable spaces um that are broken out into that building and so the applicant is only requesting to go into one of the leasable spaces. The overall square footage um is about 9,000 square ft for this property. Um so again they are proposing a convenience store within the existing commercial tenant space. There will not be um any fuel pumps associated with this request. Uh we looked at the relevant code sections. Um we don't have any particular outstanding concerns for a convenience store to occupy this location. We reviewed the impact statements provided by the various departments. Um and there was nothing in any of those impact statements that gave us pause. So when we analyzed the criteria in the code, we did find the request uh to be compatible. So what we have in front of you now is the zoning map um showing the existing building again was constructed around 1989. Um and then here's an aerial view of the property. Uh and so staff is recommending approval of the special use permit with the following findings. Uh first that it will not modify the intent, spirit or purpose of the unified development code or comprehensive plan. Uh and then second, the special use permit would not adversely impact public health, safety, or welfare. We are not recommending any conditions of approval with this. That concludes my report and I'm happy to answer any questions you may have. Thank you.

Thank you very much. Uh Miss Duncan, uh at this point in time, I'll open the public hearing on this matter. Anyone including the applicant applicant's representative that'd like to speak in favor please approach the podium. Yes. Your name and address for the record and you have two minutes. Yes sir. My name is Ming. I'm try to the open convenience store right there to to have a couple of customers. They move to in Mariata. Then I move in try to open the convenience store right there. That's it. Okay. Yeah. Is that it? Yes sir. Okay. address is 177 Maxum Road, Douglasville.

Okay, thank you very much. If don't go too far away, I'm sure we'll have a question or two. Anyone else wishing to speak in favor? Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition, if you would approach the podium. Uh, state your name and address for the record in two minutes, sir. Uh, my name is Ferman Smith. I have represented the family that operates a convenience store at the corner of of Old Alabama Road and Maxim Road for over 20 years. Um I'm u wanted to point out a few deficiencies in the application. Uh one is that the uh it's clear that the owner of the property is an LLC as shown by both the tax record and the deed records. However, the uh application was not signed by the owner in a in a corporate capacity. Uh apparently signed by a a member of the LLC but not the LLC as such. Also the uh notices uh legal notice given uh identifies the property by uh two addresses 17 uh7 maximum road and 181 maximum road. It

also identifies the property as being uh covered by the change as being uh 2.2 acres. Uh but I it appears that the intent is that only one of the uh store areas is to be uh converted to a uh convenience store, not the entire uh six-unit shopping center. Uh finally uh I looking at the uh development code I I calculate that the number of parking spaces required for that building. It's a six-unit building.

Okay. Is your two minutes is up. One sec. Thank you, sir. Anyone else wishing to speak in opposition?

Thank you. Thank you, sir. Name and address for the record in two minutes. Uh 2578 Davis Circle, Austere, Georgia. Name? Fred Sivani. Okay. Thank you.

And the store which will now own it is 131 Maximum Road. And that what he asking for zoning is right next to that. It's kind of a small strip and about five maybe more than that. A shop over there and try to say about the convenience store and the only parking over there is might be 12 or 13 and what's can be convenience store can be open over there even without the gas pump is going to need more than that shopping for the parking most of the time what's going to happen they are going to park in my parking lot right next to that and it's going to take it away my parking and the plus traffic is so congested over there and going in there and it's going to make it more worse for the traffic too you know so I'm just saying that one first he didn't have a parking enough to be have a convenience store only shopping strip have a 12 or 14 between that to parking how you can be store open to be give permission to conven store there and traffic is So already bad enough over there. You're turning left. It's going to make it more worse. That's all I got.

Okay. Thank you, sir. Thank you very much. Appreciate your comments. Anyone else wishing to speak in opposition? Name and address for the record. Two minutes. Yes, sir. Uh, good evening. This is John. Yes, sir. I'm talking uh I don't know what he said it but I don't think so there is like anybody's if somebody's coming in my parking lot as a convenience store people like mostly come they just buy their stuff and they leave they don't park for like 10 5 to 10 minutes or 20 minutes so I don't know why he said it that oh you're speaking in opposition now talking

yeah speaking in favor is closed Okay. No, no, I'm sorry. Thank you. Okay. Anyone else wishing to speak in opposition?

Again, name and address for the record. 2280 Pine Drive, Douglasville, Georgia. My name is Melody Wilcox Pratt. I'll keep this short and sweet. So, I'm going to talk about Douglasville, I mean Douglas County statistics. And I want you to keep in mind that these don't include parts of Lithia Springs, Villera, or Mapleton because for some reason many stats don't recognize that they are actually part of Douglas County. So, that means there's actually more than the numbers I've given you. Very simply, Douglas County has approximately one fuel stop and convenience store per every square mile. How many more could we possibly need? Thank you.

Thank you very much for your comments. Anyone else wishing to speak in opposition? Seeing no one moving, I'll close the public hearing on this matter. Planning and zoning board, do you have any questions? I do. Um can I have the applicant come up, please? Hi. Um so I just have a quick question. Um, and so in regard to knowing that there's other convenience stores within a very very close um proximity of what you are proposing to have, can you tell me something unique that you're going to provide inside of your requested convenience store that the gentleman behind you may not propose to have?

Okay. I'm trying to searching on the area. They price too high. You know the couple my customer they move in this area already running one convenience store like 14 in Marietta. and then offer me to coming to open the store close to their house. That's why I come and move back here. So, you're not necessarily offering Douglas County residents anything unique. You're just basically coming because people are saying his prices are too high. Yeah. So, you want to come and have a convenience store with your prices lower to receive that Yes, ma'am. red that benefit. Yeah. I understand. Thank you so much.

Now, I have a question. If if I'm not familiar with that area, I am familiar with that area. And you've got a Shell station and a was I think a Marathon or Chevron almost directly across the street. Right. So why do we need another convenience store? Pet the customer offer me to open the convenience store right there. That's why I'm coming to close to them. Okay. Nothing unique. Yeah. Okay. Thank you. Any other questions? I I have a question. Are you presently open? Cuz I I've passed by there and it has an open sign over that issue. It's not open. Nope. Okay. All right. Thank you.

Any other questions, comments? Planning and zoning board hearing? None. Madam Chairman, I'll throw it over board of commissioners for your questions and comments. Okay. You have any questions? Board of Commissioners. Commissioner Kenner Jones. Um, are you going to be offering just traditional style convenience store food like potato chips and you know quick things, hot dogs, that kind of No, no food is only have like a for soft drink like something like that and only like chips. So, no nothing anything like a some kind of good cigarette in there. That's it. But so no like you know healthy foods or anything like no fresh fruits, vegetables, nothing like that. No. Madam Chair, I yel back.

Okay. Thank you. Any other questions for it? All right. I yield the floor back to you, chairman. Thank you very much. If you just have a seat, sir. Planning and zone board. You've you've heard the discussion. U do I have a motion on S2026-21. Or Curry. I make a motion to deny S2026-21 a request for special use uh permit to allow a convenience store without pumps located at 18 1881 or 1770 Maximum Road, Lithia Springs. Second. I have a motion and a second. Do we have any discussion?

Hearing none, I'll call for the vote. All in favor of the motion to deny S2026-21, please signify by raising your hand. Thank you very much. That's unanimous. Madam Chair, S2026-21 comes to you with a unanimous recommendation for denial. Okay. Thank you, Bo Commissioners. You heard all the questions and answers. Do we have a motion? Madam Chair, I make a motion to deny agenda item S2026-21. Second. Okay, we have a motion and a second in a discussion board. I do have a comment, okay, to make. Um, it's not that we are opposed to convenience stores, but they are

over their use in Douglas County. And I know when it says that we're looking at adverse impacts to public health that they're talking about nuisance, um, noise, things like that, but we also need to shift that definition to include what does your overall public health and well-being look like? We already have a diabetes epidemic in Douglas County. We have um fetal m um fetal mortality issues in Douglas County. We have obesity issues in Douglas County. We are rated a D actually it's a D minus by the March of Dimes right now. And a lot of that is driven by improper access to healthy and appropriate foods for families. So we can't keep approving um convenience stores that are not bringing anything that's going to help raise the public health and welfare of our community. And so I just can't um be in favor of this item. I yield back, Madam Chair.

Okay. Thank you so much, Commissioner Kenner Jones. Any other discussion? Okay, Vice Chair, you have the floor. Just to piggyback off of Commissioner Kinder Jones is I mean, we got we anticipate we want our small businesses to grow and to oversaturate with gas stations. One gas station on one side of the road, one other side road. Here's another convenience store. the county and I believe I'm not going to speak for all my fellow commissioners, but we want to see something different. Not the same product on the same right across the street from car washes, gas stations. We could go on for quite a while, but um you know, just looking for something different. I yield back, Madam Chair.

Okay. Thank you. So, we have a motion in the second on the floor. All in favor of denial, please indicate by raising your right hand. All right. We have a five unanimous vote to deny and the motion carries for denial. So I you the floor back to you, Chairman Sim. Thank you very much, Madam Chairman. Uh next agenda item, please.

Agenda item S 2026-24. The applicant is requesting a special use permit to allow a short-term rental at 5992 Fielder Way. The lot is approximately half an acre in commission district 3. There is an existing 273 square foot single family detach home that was constructed in 2018 in the Crowley Wood subdivision. The applicant proposes to use the property as a short-term rental. Here's the relevant code section. The use must not alter the principal character of the property as a single family residence. Here are the special use criteria analysis. Here's a zoning map. Here's a site aerial staff is recommending approval based on the following findings. The proposed special use permit will not modify the intent, purpose, or spirit of the comprehensive plan. The proposed special use permit will not adversely affect the public health, safety, and welfare. Thank you.

Thank you very much. At this point in time, I'll open the public hearing on this. Anyone wishing to speak in favor of this application, please approach the podium, including the applicant or the applicant's representative. If you'd state your name and address for the record and then two minutes. Yes, Tracy Gazola. And it's 5992 Filder Way, Douglasville, Georgia 30135. And um I'm just asking for a special rental permit um permit to do an Airbnb out of a room in my house. Um so I'm a single person and um my kids are off to college

and I'm very nervous right now because I'm not used to talking. Um but I would like to rent out a room and I've already applied for an Airbnb. Okay. Anything else? No. Okay. If you would uh stand by, I'm sure we might have a question or two. Okay. Okay. Anyone else wishing to speak in favor of this application? No one moving. I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition again? No one moving. I'll close the public hearing on this matter. Planning and Zoning Board. Do you have any questions of the applicant or of staff?

Or could I have a question of the applicant? You'd come back to the podium? Question is, is uh your property in a HOA community? It is not. Okay. Uh have you talked to the neighbors to the left, right, front about you possibly having a a Airbnb as you said you proposed to have? Yes, they were all in favor. Okay. I also noticed that you do have a pool, right? I do. So, so when you're having your Airbnb, will you be there or will you be like gone for a certain time while No, I will be living I live there and I'll be uh living on the property and they will not be allowed to use the pool if I'm not home.

Okay. So, they won't be able to use the pool when you're not there. Correct. Okay. Uh parking. Well, how do you how many people? I have a I have like a fivec car driveway. Okay. So, parking there's adequate parking. Yeah. Okay. I have no further question. Any other questions? Planning and zoning board? Yes, I do. Um hi. Um how long have you resided here in Douglas County? Um goodness, about 30 something years in this home that you're proposing to eight years. It's a new It was a new development. Okay. I built the new house. Perfect. Thank you. No further questions. Okay. Any other questions?

Uh, yes. Uh, do you have separate utilities, uh, bathrooms? Uh, yes. Tell us a little bit about, uh, um, it's a four-bedroom house and, um, I built out the room above the garage as well, so it made it a four-bedroom. It's actually um a 2400 ft house and it has its own um so on one side of the property it has two uh rooms that are 12 by 12 with a Jack and Jill bathroom and I'm on the other side of the house so it's they have their own bathroom. And what about kitchen? It's shared. It's shared. Uhhuh.

Mhm. You don't have any problems with that? I do not. I do not. I like people. So, okay. Thank you. Any other questions? Uh, hearing none, madam chairman, I'll throw it to the board of commissioners for questions you folks may have. Okay. Thank you so much. Board of Commissioners, any questions? Commissioner Raxton, you have the floor. All right. Thank you and good afternoon. Good afternoon. So, just wanted to go back in regards to parking. I know that street is a pretty narrow street there. So, will there be no off or on street parking allowed? Is that my understanding? Or Yeah, there will not be. There's plenty of room in my driveway for parking.

Okay. Because I have concern just for emergency vehicles and just for traffic flow. I know that's a pretty narrow um street. It is a little narrow. Yeah. Uh-huh. Okay. And then how many renters per um I guess per stay or those just one or two? You know, I I think mostly just one. I'm looking for like travel techs or business people that are passing through Douglas County for for business purposes. Okay. All right. Okay. Thank you. All right. You discussed in regards that you will be there as owner occupied and you're going to be there. This is your primary place of residence. So that won't be an issue there. That is correct. Okay. Great. All right. Thank you. Okay. Thank you,

madam chair. I yield the floor back to you. Any other questions, board? All right. I yield the floor back to you. Thank you, Madam Chair. You have to say thank you very much. Planning and Zoning Board. You've heard the discussion. Do I have a motion on S2026-24? This is Melissa Pulk. I'd like to make a motion to approve agenda item S2026-24, a request for a special use permit to allow short-term rental located at 5992 Filter Way, Douglasville 30135. I have a motion. Do I have a second? Second.

A motion and a second. Do we have any discussion? Hearing none, I'll call for a vote. All in favor of approving S2026-24, please signify by raising your hand. Thank you very much. That's unanimous, Madam Chair. S2026-24 comes to the board with unanimous recommendation for approval. Thank Thank you so much, Chairman Sims. Board of Commissioners, you've heard all the questions and answers. Do we have a motion? Yes, Madam Chair. I'd like to make a motion to approve S2026-24 for a special land use permit. Second.

Okay, we have a motion and a second on the floor. Any discussion board? We have a motion in the second. All in favor, please indicate by raising right hand. We have a 50 unanimous vote and the motion carries with no opposition. And I yield the floor back to you, Chairman Simmons. Thank you very much, Madam Chairman. I believe we have one more agenda item.

We do. Let me please adjust the slide deck for a moment. Let me get back. All right. Uh, next item on the agenda, uh, this is going to be a show cause hearing for the property at 361 Bowen Street. Uh, this is S2026-26. Um, so a show cause hearing, as you are familiar, um, is the opportunity for the applicant to come back in front of the board and show cause as to why they can or cannot um, comply with certain approved conditions on the property. Uh so this is uh 361 Bound Street. Uh the original approval was to allow auto repair uh including paint, body work, things like that in the heavy commercial zoning district. Uh it's a little under half acre and this is in commission district number one. So this first came to you in 2022 uh for approval. At that time the applicant, which is not the person that you're going to hear from tonight, but the applicant in 2022 commenced the business without making the required improvements per the conditions that you approved. So, as you know, planning and zoning goes out and we check around the one-year mark to see um if a property is in compliance. It was determined that this one was not. We worked with the applicant trying to bring them into compliance. Uh and then finally, we just sort of said, "Hey, it's going to be time for you to come back and do a show cause hearing, right?" And so, that would have been I want to say 2024. Um came back, he said to y'all at the time that he came back for the show cause hearing, "Oh, I'm good. I'm gonna get the property into compliance." and then subsequently sold the property to the new owner who you will hear from this evening. Um so we have been working with the new owners to come into compliance. Um and then uh once it was determined by our director that the property was not in compliance and all attempts to achieve compliance um had been exhausted, we decided that we needed to bring this back uh before the planning and zoning board and the board of commissioners to determine um if there is a path of relief from some of the conditions. So again, as approved in S2022-48,

uh and reconfirmed in the first show cause hearing on the property, um the board wanted several conditions involving where the uh septic is located. So we wanted to make sure that cars were not parked on top of the septic uh area on the property. Um there was some required driveway and sidewalk improvements. Uh there's some required fence installation around the perimeter of the property that you had asked for. Um and then there was also subsequent to that time uh an accessory building that was located on the property. Um it did not have a permit at the time. Um and it is in violation of setbacks on the property. So when we took a look at the uh code again, these are the relevant code sections. Again, table 2.2 does require automotive repair to have a special use permit in the CH zoning district. And then under article 12 section 1210 any applicant uh may come back to the board of commissioners to change any conditions of zoning approval. But as a reminder a special use permit and any conditions there on that is a zoning action right. So the staff can't necessarily unilaterally wave the things that the board has put in place. So that's why we are here again tonight to see if the applicant can show cause in terms of why um they were not able to comply with the conditions. So, those were the previous hearings. Um, and then what brings us back today is that we received a complaint by code enforcement um that there were paint fumes that were venting towards an adjacent residential property. Um, and so that was when we came back out, we looked, determined the property was still not in compliance and taken the steps uh here tonight. So, now again, the staff's recommendation is still that this special use permit should be allowed on the property if the appropriate conditions are put in place and complied with. Um, you can see the property highlighted in uh the blue outline there. That is the subject property under consideration. Oops, went too fast. There's the aerial view of the property. Um, you can see kind of between the two white roofs the space where there was a new building that was located on the property.

Uh, so again, if the special use permit is reaffirmed with conditions, we would recommend the following findings. first that the use will not modify the land use plan or the intent, purpose, or spirit of the Douglas County Unified Development Code. And second, the proposed use is consistent with the comprehensive plan future land use category uh as being within the mixeduse corridor uh and incorporating a mix of commercial and residential uses. We also think that the granting of the special use permit will not adversely affect the public health, safety, and welfare. But the conditions that we are recommending, and once again, bear with us, as you know, we have to read all of these into the record. The first several conditions are the ones that were original um with the 2022 approval. So, first of all, additional site improvements for paved parking or driveways and for construction of accessory facilities will require review and authorization prior to the installation by the development review committee. The applicant will coordinate with the DC DOT for access points on alterations and other issues along Bowen Street. So, that was the first condition from 2022 uh that has not been complied with. Now, again, these current applicants have come to DRC several times. I'm going to lean heavily on Travis and Bruce if you have questions about that process because they have been working with them to try to achieve an outcome for compliance. The second commission is that parking for vehicles awaiting or having just completed repairs or servicing must be entirely screened from view for any adjacent property by a solid masonry wall, imitation wood vinyl fence or polymer composite based material or bake fence at least 8 ft tall. No on street parking along the public right ofway shall be permitted. So there have been instances out there where we have seen on street parking. That's something that code enforcement can handle. The fencing issue is one that we probably still want to address. There is fencing around the entire perimeter of the property. It is not compliant with the conditions that were originally put in place. Um for condition number two, the third condition is that the site shall be developed in such a manner so as to maintain a safe vehicle-free area over the septic tank and field line serving the premises. Again, environmental health did go out to the property initially, make an inspection, determine that the septic tank is functional, but

since that time, we have not seen the area uh to be uh partitioned off so that vehicles cannot travel across that septic field. Number four, no vehicle dismantling or scrap parts recovery activity shall be permitted and no inoperable junk vehicles shall be stored on the property at any time. Uh, number five, vehicles that are under repair or maintenance and in a closed automotive repair shop may not remain on the property for more than 180 consecutive days. Uh, and so then number six, this is where we get into some of the new conditions that we're recommending. Accessory structures placed on the property shall apply for a building permit and any variances needed to accommodate the placement of the structure. Should permits or variances not be obtained, the structure must be removed. Uh and again, Travis has been working more consistently uh with the applicant on this and he can provide you any updates from the building department. I do think they have been working with our chief building official to see if there is a path for compliance, but I don't think we have obtained compliance yet. Number seven, no portion of the facility shall vent towards a property uh used for residential occupancy. And number eight, the property shall be fully compliant with these conditions and all other applicable regulations within 6 months of this approval. Upon a finding of good faith progress, the director may extend the approval for an additional six months. So again, this has been going on since 2022. Um, we are hoping this is the last time we have to bring this property to you. Um, and that we can find a path forward for compliance with the conditions. The applicant is most likely going to ask for some relief from some of these conditions. Um, but whatever the decision is of this hearing tonight, we're trying to give some very specific timelines um, by which we will see improvement on this. And then number nine, the approval shall be valid for 12 months unless an extension is otherwise approved by the board of commissioners. So if they are continuing to make good progress, you know, we want to see that move forward, but in in regardless of that, they're going to have to come back to the board of commissioners one year um to have their approval extended to check in at that time. Uh so that concludes my presentation and I'm happy to answer any questions uh that y'all will have. Thank you.

Thank you very much. At this point in time, I'll open the public hearing on this matter. Anyone wishing to uh actually speak in favor of this, the applicant or the applicant's representative uh please approach the podium.

This is a little bit unusual since it's a show cause rather than a uh a straight u recommendation. If you'd state your name and address for the record, sir.

Hey, how you doing? My name is Aaron Jackson and I'm the owner of 3061 Bowen Street. And um I would like to say first thank you Miss Duncan. Um they have been very helpful with this situation. Thank you for allowing me to come and talk to you guys to you know try to at ease this situation. Second um I am aware of everything that's going on now and we have been working diligently to handle a lot of it. So, um, I'm open for any questions or, you know, whatever needs to be asked so that we could make it happen expeditiously because I like the area. Um, I live in this area as well and I want to be here. I want to stay here. So, my business is thriving, so I like to do what's needed to stay.

Okay. If you'd like to uh take a seat. Okay. Anyone else wishing to speak towards this application? in favor. I mean, again, this is a little unusual since it's a show cause hearing, but

Hi, my name is Shade Shelton. Um, 3061 Bon Street, Lithia Springs, Georgia. I am Mr. Jackson's assistant, and I too would like to speak in favor of this application. As he stated, we have been working very diligently with Miss Duncan, Bruce, and Travis, and Chris as well to bring the property up to compliance. We have had a little bit of kickback with dealing with some of the civil engineers as well, but we have everything that we need today to move forward with the site plans as needed. Okay. So, you're uh you're comfortable with the conditions that have been proposed and you'll be able to uh satisfy those within 6 months or within a year if you get a six-month extension. We're looking at more the year timeline, but yes, sir.

Okay. Anyone else wishing to speak about this? No one. Now we can close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition to this matter? Are you coming to speak in opposition, sir? No.

Okay. All right, no problem. Seeing no one moving, then I'll close the public hearing on this matter. Uh, planning and zoning board, do you have any questions of the applicant or or staff? Uh, the applicant, if you come back, sir. So, so I know you say you've been working. What type of business that are you opening there? Pain and body. Paint and body. Yes, sir. Okay. So, um, have you received any complaints from your neighbors or anything? Not one. Okay. All right. Okay. I have another other question. I need the, uh, staff.

Yeah. Can I speak? Yes. Go ahead. Okay. And speaking on the fence, um it they're they're requiring it to be eight and a six. And we were waiting to come here to ask would the six be feasible versus the eight because you can't see the the reason for the eight is for um driving by traffic to not be able to see into the business visibly and you can't with the 6T fence now. So that was one thing that we were going to ask, but if not, if it needs to be eight, then we can make it eight. But okay. Okay. Yeah, I thought I thought six foot fence was code.

Well, for residential, it is six foot fence. So, this is in a commercial zoning district. Uh, Mr. Jackson's correct. I think the intent, now again, this was Phil Schaer's case back in the day. Um, but I think the intent behind the 8oot fence was to make sure that it kind of clearly screened everything. I'd also say in 2022, and I look back at my old staff report um from that time and looked at the pictures, um there was a bit of a inconsistent fencing around the perimeter of the property. Uh so I think that staff would be amendable to changing the condition to allow a six-foot fence that is maintained in a state of good repair. Um it has been our observation that even though the fence is not uh consistent, you know, in terms of form and type all around the entire periphery of the property, um it does basically achieve the uh intent of the code. Um so when I say it's not consistent, it's not all pieces are not the same material, I guess, is what I would say. has been it's evolved over time, but as long as it's maintained in a state of good repair, um we are content to allow the existing fencing on the property to be maintained.

Okay. Thank you very much. Any other questions? Planning and zoning board. Yes. Yes. Oh, go ahead.

Yes, sir. I know this has been a a longgoing process with you just trying to figure out what's all that's going on with this right here and trying to Now, they said they've been working with you. Could you kind of explain some of the things that they are working with you trying to resolve based on this uh

Yeah. So, uh we've met with them a number of times. Uh I think that early in the process they maybe didn't fully understand the requirements that we were giving them. Um and so, uh as we've visited and said, "You're still not doing what we're asking for." They're they've come back and said, you know, for clarification on what we're asking for. uh they have made some uh good improvements to the property. If uh looking back to what the property looked like in 2022 or whenever this started, it it it does look much better today. So, we've been trying to work with them and when they are improving the property to make sure that they're headed in the direction that we're wanting them to go in instead of just kind of doing their own thing. So do you see that with the process that's going on because this been going on for a long time so and we back again.

So do you think based on the process you're seeing right now that they're going to be able to meet that 12 month requirement that the stipulation or conditions that we're adding into this? I I'm confident that they understand what we're looking for much better than they did earlier in the process. So that makes me hopeful that as long as they can get a work with an engineer that also understands what we're looking for and that sort of thing um that we can get where it needs to be within that 6 to 12 month period. Okay, that's all the questions I have. Thank

I I have a question sir if you'd like to stay. Um, in regard to some of the requirements versus like the driveway and the sidewalk improvement and things of that nature, can you expound on what those requirements are? Um, and then so my next question to the applicant can be applied.

Okay. So, as far as the uh the sidewalk requirement, it's a requirement anytime someone's coming to do uh development in Douglas County that you've heard Bruce mention it. U and I'm kind of speaking for him, but he can correct me if I'm wrong. U anybody that develops in Douglas County is going to have a requirement to add sidewalks along the front edge of their property. Uh there was a there's an Enterprise Rena Car that's right down the street um that within a year or so ago they had to put in sidewalk. There's a good amount of foot traffic in that area in general. So we feel like sidewalks are uh something that would benefit that area. So u they do they are required to add sidewalks and it's a good bit of frontage because they're on a corner lot. Um, we also u have been working with them on making sure that their driveways um in a safe condition. I think that uh the interior of the property is gravel, but we're going to need some pavement. We don't want the gravel washing into the road. So, we're going to need the driveway at least, you know, inside the rideway to be paved. And um we're just we're they need to get a civil engineer to kind of produce some plans that you know show how all that's going to be done.

Understand? Okay. Thank you. I have no further questions for yourself. Okay. Did you have questions for me? Okay. I have a question to the applicant. I do as well. Um questions for the applicant. Um so I know that you'd stated that you know you're working diligently right with um and you being the new owner. My my first question is is what is the time frame between you acquiring the property and being informed of these delinquencies if you will um or out of compliance to you know when the repair started happening to today's date.

Okay. So um I acquired the property back at the end of um 2024. So we basically started really working on this at the top of 2025. And so I have I have a lot of the civil um the paperwork with the civil engineers and all of that. And there's a lot of issues with how things can be done and can't be done. And that's why he's saying we had a lot of trips back and forth because I've been having engineers come out and say one thing and what's required from you guys wasn't line up with what they they were saying. Just like right now um I have the paperwork here. The ci the civil engineer said there's fiber going across. So he said a a sidewalk can't go there because there's fiber directly exactly where the sidewalk is wanted. There's fiber optic wire going across that same way. So we had Douglas County come out just the other days and retransition one of the runoffs. So we've done that. The opposite the opposite fencing that she was talking about. I've re I just redid a whole new fence around um the gravel that he was speaking on. We had to wait until the septic tank was cleaned and done because they had to dig. It didn't have a top. So, I just replaced three septi tank tops, replaced the whole line. I mean, we it's it's it's, you know, it's been one thing and another thing and another thing. So, I mean,

and like I said, I'm I haven't even been there a year and a half yet, actually. And I've I mean, if you we have a lot of pictures to show, just like they say, the reflection from then to now is is night and day. Okay. Um so one of the other improvements was is regarding to ventilation and you know in regard to the paint fumes um while that's can be an environmental and also a health hazard right um so what are your plans and I know that you had stated that you did not know of any of those complaints um but being knowledgeable of them now um do you have intentions of like how how do you know that you can correct that in regard to it going in a residential direction? Correct. So, our paint fumes actually go up and out the roof.

Um, and all of our neighbors, even the residential and commercial, we all communicate with them. We know each other. I mean, I do work for a lot of them. I've never heard of it. Um, the day that it happened in code enforcement came, it was a shock to us and we've been literally waiting to get here to see what was going on. And as you can see, no one's here. So, I don't know what happened with that, but we haven't had that complaint. We haven't had an issue with that. I mean, okay. Um that would have I mean not to cut you off I just feel like that would have really been a big big deal if paint fumes was just flying around in the air over there. So we've been there almost two years now. So um may I switch to staff in regard to the that particular

um topic in regard to the fumes and so a complaint would just being someone whom within the vicinity of it that's in a residential area if I'm correct on that. And then two, the second part of my question is is that um is the ventilation of a paint is that somewhat of a code type thing in regard to the usage of the land um in its purpose. Can you?

Sure. So in regard to the specific complaint, I don't actually have the record of when it came in uh to code enforcement. If that's something that you would need us to provide, we can certainly, you know, provide what they have. Um as Mr. Jackson said, you know, I I had turned this over to code enforcement for not being compliant with its conditions and then it kind of got up to the top of the radar again when there was the complaint received about the paint fumes. So, I don't know much more about it than that. Um, if there was an impact statement from code enforcement, we would have provided in the staff report. Otherwise, all of that is public record. So, we can share that if you would like to know specifically more about the nature of that. Um, and so since that time, you know, as we said, they were working uh mostly with our director, and again, Travis is our deputy director, to sort out what is the path forward. Um, don't let me forget to answer the second part of your question, but I do want to say part of the reason there's a show cause hearing tonight is for the the lack of compliance once they receive the citations. If it's not in compliance, the next step is to go to summons, right? And so that's a that's going through the judicial system. We don't necessarily feel that this is at that point yet, right? because they have been making good progress, you know, in working with us to try to come into compliance. Um, so again, we just have to pursue the remedy that we have under our code and this is kind of a stop gap before we put this property in front of a judge. So, it's our hope tonight that we can figure out a way to give them more time to keep working um on this on some of these compliance issues. Um, but that is why we're here tonight as opposed to taking that next step to go straight to summons. Now, remind me of the second part of your question. So my second part of the question is is that in regard to usage of the land and its purpose meaning for the painting the ventilation is that is there something written in in stating for that purpose intent uh in regard to ventilation. Sure. So again all of that is going to go under the building um code requirements. I I do think that any time changes are made to a commercial property they are really supposed to be going and pulling their building permits, right? Um, and so whether or

not the property when it was done in 2022, whether or not they were um using the property for painting at that time, when I look back at the minutes, you know, the previous applicant had said that they were getting away from painting, they were going into car wraps. I'm clearly speaking beyond my level of technical expertise, right? But that being said, you know, it wasn't until we got this complaint that we had any real inclination of, you know, what was going on in terms of the property and how they were using it under our code. it was just automotive repair and then they had certain conditions they need to comply with. So, one of the things that we did put in there in regard to the accessory structure um needing the building permit, right, that would get our chief building official out there on the property to look at all improvements that have been made and if there's anything that needs to come into compliance at that time, we could address it. Similarly, it's my I anticipate that this property is going to be back in front of the planning and zoning board for variances, right? To obtain any variances for the new structure that has been moved onto the property. Um, but big picture, our ask is to just give them a little bit more time, you know, because we've sort of exhausted all of our steps now that we have short of going into the judicial system for remedy. Um, so we just want to put it back in front of the planning and zoning board and board of commissioners to see if you will give us more time to continue to work with them and then also if there's anything that needs to be tweaked about those original conditions, we're happy to do that. So, does that answer your question?

It does. And then just kind of wanted to kind of put in also in regard to the new building that has been placed on the property that was placed not appropriately meaning with permits and permission things in regard to that building currently now as it stands. What what what are the what is the recommendation or the requirement for that building? Is it that it needs to be removed or

you know I'll defer to um Deputy McDonald to answer that question. So, I think the recommendation right now is to let our building department, our chief building official go out there and do an inspection, let him put eyes on it and see if he feels that it's in good condition, that um if it was moved to the property, it was apparently, you know, a a full building somewhere else. If it seems like it's up to code, then I think that we'll be okay with it. If if it needs some variances, then we'll go through that process. But I think the inspections are just what's needed and then do an assessment and make recommendations after that.

Okay. And forgive my ignorance, inspection would be looking at the ventilation, looking at the current the current the building that has been put newly in the property. Those inspections is what we're talking about. Correct. Yes. And it'll be for uh HVAC systems, electrical, structural, uh all the various traits. Thank you. I have no further questions. Thank you.

Any other comments? I have a question for for DOT the applicant brought up about the fiber and the sidewall is are y'all aware of that? I know that was something that he brought up in in his statement.

Not directly. Typically what happens when we get to DRC with a with a a detailed set of plans then it will define whatever utilities are within the the property limits uh there may be fiber that's um that's in the area but it's at a proper depth then it it doesn't come into play or if it's at a depth that's shallow enough then it just it's it's relocated but it's relocated as part of the improvements to the to the development itself. Okay. It's not a It's not a If you have fiber, you can't build sidewalk. Okay. Okay. That's That's the only question I have unless somebody else have a question. That was

Yeah, I was I was concerned about fiber being shallow enough to interfere with sidewalk construction. That's usually it's deeper than that. Yeah. Typically, uh fiber is two two and a half to three feet deep on a general on a general average. Yeah. Inside of a cond. So, if the fiber followed the proper protocol, then it should be at a proper depth. Okay. Any other questions? No. Okay. Thank you very much. Uh the applicant, please. I understand you bought this property. This was ongoing when you bought the property and you weren't brought up to speed on the requirements. Is that correct? Correct. Correct.

Okay. Now, you've gotten into it. You're working on it. You've got plans. You think you can get this done within the six months to a year. Yes, sir. And make make good good progress on that. Yes, sir. Okay. Do you want to say anything else? Yes. Um far as the building that's on the property, we actually had um them already come out and certified, but Donna, the lady that was in office, went out for sick like right after that and they ne we never got the actual permit. So then it just got on hold until we did this. So everything was actually in the works and was all the steps were followed. The main thing was this engineering because it's like a $40,000 project. So,

okay. Now, the conditions that they've recommended, you're in agreement with those conditions with the exception of condition number two, the height of the fence. Yes, sir. Okay. Yes, sir. All right. If you'd have a seat. All right. Planning and zoning board. Do you have anything else? Okay. Madam Chairman, throw it over board of commissioners for questions you folks may have. All right. Thank you so much, Chairman Simmons. Any questions? Board of Commissioners, Commissioner Mitchell, you have the floor. to the to the uh Mr. Jackson. Yes, sir. So, just Okay. I think this probably already been asked once or twice, but I'm assuming you say you've had the property for about a year and a half,

correct? When you actually uh purchased the property, wasn't aware of all these things that

No, because it was a lot of other things wrong as well. So we kind of started there and then once this was brought up to attention because we were actually trying to go and get a business license and they were like uh no it's other things you need to do and then that's when it started to you know we had to work towards that. So you've been actually just operating with what I mean just doing your job and my next question is kind of what is it that you do but you just been operating under the assumption that um planning and zoning and others are trying to get the property um in compliance. Correct. We they've been helping me to get it in compliance. Correct.

Got it. Um and what is it that you do? You paint cars or you Correct. Paint cars. Okay. Now, and and this may be a question for planning and zoning and they may tell you, but do you know that there's probably some type of ventilation system that goes within the building from because it just I don't think you can just let the fumes come out. No, I have it. I have a real paint booth. We have a $50,000 paint booth in there and it has a ventilation system that goes up out of the roof, right? But just in the exposed air or contained or shouldn't it be contained or something or No, that's how it that's how it works. Okay. All right. All right, I got the It's okay. That's what That's what I'm here for. That's what y'all here for. We figuring it out.

The fumes some kind of way to kind of do what you do, though. But it just kind of evaporate in the air and just kind of keep Yeah, it it goes up approximately like 40 ft in the air. And that's from the well approximately 30 ft from the top of the paint booth up out of the ceiling. Okay. So, it goes up high enough to where when it actually comes out, it's not coming back down. It's going on up. Got it. If that makes sense. No, it does. Okay. I appreciate it. I appreciate it. Um and and I guess this probably be more for Allison and I mean I appreciate you, Mr. Jackson. Thank you.

So, if I'm hearing you correctly, you need more time and and your willingness as staff to work with Mr. Jackson to try to get him in compliance. and you're asking us as a board to give you that time to work with them because you think you're getting somewhere.

Yeah. So again, I'm gonna um lean on what Travis had said, you know, is that now we think they understand the requirements. So y'all see a lot of me, right? But to be honest with you, once you're done with me, it it falls on these guys over here in DRC to take care of it. We do our inspection at one year. We see if it's in compliance. if it's not into compliance, we try to figure out a path forward. That's not working out, we turn it over to code enforcement. So, most of the work has been done by Travis and Bruce and DRC in regard to kind of next steps for this. And so, if they're telling me that they think that there's a path forward, then that's why I'm standing in front of you telling you that there's a path forward. In terms of a lot of the technical things that you've asked today, that's solidly the building department, the engineering department, all of those folks that are not planning and zoning. So, I'm going to lean on them. And if Travis says he feels like they understand the requirements and that there is a path forward to come into compliance for 12 months, then my recommendation is going to be that we, you know, we we give them the time to see if they can sort it out.

Okay, Mr. Travis, let's Travis, come on up. You know, I got to hear it, you know, from the experts. I'm learning this stuff. So from your from where you are in all of this, you think there is a potential path forward in getting this piece of land and this situation in compliance so we can kind of move forward with his his business, Mr. Jackson's business. Yes. Based off of uh the improvements that they've made to the property, it does look a lot better than it did uh a year and a half ago. And uh as long as they continue that forward progress, I'm hopeful that we can be fully in compliance within that 6 to 12 month period.

Right. And and you're thinking within 12 months we could we could be there. We get there. Uh that's largely up to them. But yes, I'm 6 to 12 months. I think I heard. Yes. I'm I'm hopeful.

I was feeling a little bit good here, but now you got me nervous. So, but but again, um understood and and and I I I get it because my first notion about when I heard about this was that it needs to be in compliance first before I can even cons even even consider it. But I'm really leaning on staff on this to say, how do we do this when they're out of compliance? That that is pretty tough for me. I can't speak for my colleagues to to try and move forward, but I'm trying I'm I'm hearing you guys saying maybe there is a path forward based on all that you've been doing with Mr. Jackson and as to where where he came from as to where he is today,

right? Yeah. Uh in the we have done or things have been done in in the reverse of the way that we would prefer that they be done. uh as far as being in business and well trying to get into compliance. Usually you get into compliance correct when you go into business. Uh that being said, uh I just I I feel like we should consider what they have put into the property

and their willingness to to meet the conditions that we're putting on them. And uh I feel like my recommendation is to give them that 6 to 12 month period. Okay. All right. They they speaking good good good stuff for you there. I mean working I believe I believe. Okay. Thank you Travis. Um I yield back Madam Chair. Thank you. Any other questions for all I yield the floor back to you chairman Sus.

Thank you very much Madam Chairman. Uh we've heard the uh discussion and the information on this and I'd like to take the privilege of making a motion. I make a motion to on S2022-48 to approve the findings and conditions that were read into the record with the exception of condition number two being a six-foot fence instead of an 8-oot fence. Frank Payne second. I have a motion and a second. Do we have any discussion?

Have a discussion. What I want to say is we we're working with you and thank you. No, you can just we're working with you and we want you we want business to come into Douglas County that's going to, you know, entrepreneurship. One thing that we talk about that is very important and we know that you were given something and you're trying to make it even though you started out wrong, you're trying to get it back in in in in in good standing. So, thank you and and we're here to work with you. Thank you all. Any other comments? Hearing none, I'll call for a vote. All of those in favor of approving the findings and conditions on S2022-48, please signify by raising your hand.

Thank you very much. That's unanimous, Madam Chairman. S2022-48 comes to you with a unanimous recommendation to approve the findings and conditions read into the record with the exception of condition number two being a six-foot fence. Okay. Thank you so much. Chairman Simmons, board of commissioners, you've heard all the questions and answers. Do we have a motion?

Yes, Madam Chair. I'd like to make a motion to approve item S2022-48 uh with the said conditions and findings and the reinstatement of uh item number two. Condition number two from a 6T to 8T fencing as stated by planning to the other way. Yeah, the other way. That way yes. Um and as stated by planning and zoning. So and I put that in the form of a motion to approval and well I'll wait to you second. Okay. Second. We have a motion in the Okay. But I like to comment after that. Oh, okay. Okay. We have a motion in the second on the floor. Any discussion?

Yes. So, but I I do want to say though, but my first notion was to not move forward with this more because of I I rather see it in compliance and Allison and I had a long conversation today about we need to get this first done and then come back. So, but with Travis and others kind of feeling confident that they're moving in the right direction, I'm confident that based on their statements that we can kind of get there. I think it's going to be really costly, but I'm hoping that it's worthy enough for you to get there. Um, but I I'm looking forward to seeing the success of not only your business, but you kind of getting into in compliance that we can kind of move forward and and be um in compliance with what that what you do. So, thank you again and thank you for the education piece of kind of where the fumes go. So, thank you again. I yield back and I'm that's my comments.

Okay. Thank you, Vice Chair. You have the floor. Thank you so much, Commissioner Mitchell. Mr. Jackson, keep flipping that exhaust switch or we were not going to see you in 12 months. So, make sure you keep turning that thing on. I yel back, Madam Chair. That's why we was like, "Okay, any other questions?" Boy, we have a motion and a second on the floor. All in favor, please raise your right hand. Commissioner Mitch, I did. Oh, you did a look like you did a high. Okay, we have a 50 unanimous vote in the motion carries with no opposition. Thank you. And yes, thank you very much. Best of luck to you, Mr. Jackson. We we we want you to be successful. We don't want to see you back here. Yes. You don't want to see us again.

Any other items to come forth? Having no items to come before planning and zoning board, I will declare our planning and zoning board meeting adjourned. Madam chair board is do we have anything else to come before this body? Do we have do we have a motion to adjurnn? We have a motion. Second. Okay, we have a motion to second. All in favor, please indicate by raising right hand. This meeting is adjourned. Thank you. So when it